Mahanth Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13227 of 2024 Arising Out of PS. Case No.-243 Year-2017 Thana- ALAMNAGAR District- Madhepura ====================================================== Mahanth Sharma son of Kamleshwari Sharma @ Kallar Sharma VillageBhawanipur Basa W.No-5, Ps- Alamnagar Ratwara Op Dist- Madhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and learned counsel for the petitioner submits that police after threadbare investigation came to a consideration conclusion that petitioner is innocent and thus submitted final form exonerating the petitioner of the allegation as alleged in the F.I.R.. It is next submitted that the learned Magistrate differing with the police report took cognizance, as such the petitioner apprehended his arrest. It is next submitted that once an investigating agency

Patna High Court CR. MISC. No.13227 of 2024(2) dt.18-03-2024 2/2 based on threadbare investigation has exonerated the petitioner of the allegation as alleged in the F.I.R. whether it would be prudent to send the petitioner to jail based on the same investigation based on which, cognizance has been taken. It is next submitted that petitioner will cooperate in the trial.

4. Learned A.P.P. opposes the bail application.

5. Consideration the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below withing a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Udakishunganj, Madhepura, in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 243 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The applications stands allowed.

(Satyavrat Verma, J) sanjeev/- U T