Ram Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24821 of 2024 Arising Out of PS. Case No.-14 Year-2021 Thana- KHUTAUNA District- Madhubani ====================================================== Ram Kumar Sharma Son of Vachu Sharma Resident of Village- Murarpatti Navtol, P.S. Khutauna, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-07-2024
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Khutauna P.S. Case No. 14 of 2021 dated 04.02.2021 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.
3. Mr. Hriday Narayan Harshit, learned counsel for the petitioner submits that the petitioner earlier preferred Cr. Misc. No. 28886 of 2022 before this court which was rejected by this Court vide order dated 17.10.2022 with giving a liberty to the petitioner to renew his bail prayer after the examination of the private prosecution witnesses. It is further submitted that there are seven chargesheet witnesses out of them there are two private witnesses namely, Pramod Ray and Ramyugal Mandal
Patna High Court CR. MISC. No.24821 of 2024(3) dt.08-07-2024 2/2 who have been examined and one more witness has also been examined so presently three prosecution witnesses have been examined till date. Further submission is that the petitioner has been languishing in jail since 10.03.2021 and there is no eye witness of alleged murder and petitioner has been made accused on the basis of suspicion and old rivalry.
4. Mr. Jitendra Kumar, learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Considering the above submissions and mainly taking into account the petitioner's custody period and the examination of non-official witnesses of the prosecution as stated above and coupled with the fair and clean antecedent of the petitioner, this Court is now inclined to release the petitioner on bail. Accordingly, let the petitioner named-above 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 concerned Court in connection with Khutauna P.S. Case No. 14 of 2021, corresponding to G.R. No. 214 of 2021/S.T. No. 221 of 2022.
(Shailendra Singh, J) Rajiv/vinayakU T