Sone Lal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12744 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== SONE LAL SHARMA S/O RAM BABU SHARMA @ RAM BABU THAKUR Resident of Village- Korigawan, P.S.- Baruraj,. DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 365, 364, 120B and 34 of the Indian Penal Code and later on added Sections 302 and 201 of the IPC.

As per prosecution case, some unknown persons kidnapped and thereafter, killed the son of the informant. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. The name of the petitioner has come into light,

Patna High Court CR. MISC. No.12744 of 2023(3) dt.16-05-2023 2/2 on the basis of confessional statement of co-accused Ruby Kumari and Mantosh, which have got no evidentiary value in the eyes of law. The petitioner was having absolutely no difference with the deceased namely, Sanjeet Kumar in any manner and the name of the petitioner has been implicated out of the high level conspiracy. There is no specific overt act against the petitioner. He is languishing in judicial custody since 06.09.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Muzaffarpur (West) in connection with Baruraj P.S. Case No. 192 of 2022.

(Sunil Kumar Panwar, J) arish/- U T