Patna High CourtCR. MISC./24532/2024bail granted

Birendra Sharma v. The State Of Bihar

2024-04-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24532 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- GUTHANI District- Siwan ====================================================== Birendra Sharma Son of Shree Ram Sharma Resident of Village- Dewariya, P.S. Guthni, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Guthani P.S. Case No.98/2023 lodged under Sections 302 and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons including the petitioner with allegation that they have killed the father of the informant in connivance with each other. The informant has seen that all the three named accused persons were fleeing away from the lane in front of the informant's house and pistol was at the hand of accused, namely, Uday Bhan @ Mantu Rajbhar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is named in the F.I.R., but in the case diary,

Patna High Court CR. MISC. No.24532 of 2024(2) dt.19-04-2024 2/2 nothing has been found against him rather name of three other accused persons, namely, Karan Rajbhar, Deepak Gaod and Manish Rajbhar has come in the commission of the crime.

5. Counsel for the petitioner submits that petitioner is in custody since 02.02.2024 having clean antecedent.

6. Counsel also submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 09.01.2024 passed in Cr. Misc. No. 58431/2023.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIII, Siwan, in connection with Guthani P.S. Case No.98/2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T