Nandan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14510 of 2020 Arising Out of PS. Case No.-71 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== NANDAN SHARMA, Male, aged about 35 years, Son of Late Bala Sharma, Resident of Village/Mohalla-Fulhara, P.S.- Hasanpur, DistrictSamastipur(Bihar). ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vinay Kumar Mishra, Advocate.

For the Opposite Party :

Mr.Ajit Kumar,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302/34 of the IPC.

The prosecution story, in brief, is that the petitioner and others assaulted the son of the informant, namely, Sanjeet Kumar, brutally with Iron rod and Lathi, causing grievous injury and in way to Patna, he died.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 18.12.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of

Patna High Court CR. MISC. No.14510 of 2020(2) dt.02-03-2020 2/2 tampering with the witnesses alleged against the petitioner. It is a case of last seen. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. Neither there is any eye witness to the alleged occurrence nor there is circumstantial evidence to suggest the participation of the petitioner in the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- IIIrd, Rosera, Samastipur, in connection with Hasanpur P.S. Case No. 71 of 2019.

(Sudhir Singh, J) U.K./- U T