Suman Kumar @ Suman Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27512 of 2021 Arising Out of PS. Case No.-159 Year-2020 Thana- MOKAMAH District- Patna ====================================================== Suman Kumar @ Suman Sharma, S/O Nand Singh @ Nand Kishore Sharma, resident of village- Rampur Dumra, P.S- Maranchi, District-Patna. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ansul, Advocate Mr. Anuj Kumar, Advocate For the Opposite Party :
Mr. Satyadev Pd. Singh Yadav, APP For the Informant :
Mr. Shravan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-02-2022 Heard learned counsel for the parties including learned counsel for the informant through video conferencing. Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
This application for anticipatory bail arises out of Mokama P.S. Case No. 159 of 2020 for the offence punishable under Sections 302, 307 and 120-B/34 of the Indian Penal Code and under Section 27 of the Arms Act.
The present FIR has been registered on the written statement of father of the deceased in which the petitioner and three others are named including one Ramjivan, who has been injured in the case. Ramjivan has been examined and his statement has been recorded in paragraph no.45 of the case
Patna High Court CR. MISC. No.27512 of 2021(3) dt.15-02-2022 2/2 diary in which he has not named the petitioner. The informant of the present case is not an eye-witness of the occurrence whereas Ramjivan is an eye-witness and injuries witness. Considering the aforesaid facts, this bail application is allowed.
Accordingly, let the petitioner, above named, in the event of his arrest/surrender within ten weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Barh, Patna, in connection with Mokama P.S. Case No. 159 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sandeep Kumar, J) pawan/- U T