Awadhesh Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21995 of 2023 Arising Out of PS. Case No.-921 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== AWADHESH KUMAR SHARMA S/o Late Aash Kumar Sharma @ Shyam Nandan Sharma Resident of Village-Dudha Mathia, Ward No. 03, Police Station-Majhaulia, District-West Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rama Kant Sharma, Sr. Adv.
Mr.Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302/34 of the IPC. Allegedly, the petitioner caught hold of the father of the informant and one Shatrughan Sharma assaulted him by iron rod on his head. It is alleged that the father of the informant was killed on the spot in front of the house of the petitioner. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not
Patna High Court CR. MISC. No.21995 of 2023(2) dt.03-07-2023 2/2 specific rather general and omnibus in nature. Petitioner has one criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Majhaulia P.S. Case No.921 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T