Anil Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23239 of 2025 Arising Out of PS. Case No.-90 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Anil Sharma S/o Late Kartik Sharma R/o Vill.- Durgapur, Ward No.- 6, P.S.- Puraini, Distt.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Adv.
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Puraini P.S. Case No. 90 of 2024 dated 19.05.2024 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 3⁄4 of Dian Act.
3. The prosecution case, in short, is that the petitioner and other co-accused persons assaulted the daughter of the informant and co-accused Anil Sharma, Babulal Sharma and Shambhu Sharma put a rope in the neck of the daughter of the informant and started pulling the same. The informant raised hue and cry and when he went near the body of his daughter, he found that she was dead. The co-accused had suspicion that the daughter of the
Patna High Court CR. MISC. No.23239 of 2025(3) dt.23-07-2025 2/3 informant was a witch as child of the co-accused Anil Sharma had fallen ill.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is full brother of the husband of the deceased. It is submitted that the petitioner has no dispute with his brother Pintush Kumar and he has no concern with the family affairs of the deceased. It is submitted that the petitioner has five brothers and they are all living separately. It is submitted that there is general and omnibus allegation against the petitioner. It is submitted that there is no specific allegation against the petitioner, rather, specific allegation is against three other co-accused persons. It is further submitted that similarly situated person, namely, Shambhu Sharma, who is one of the brothers of the husband of the deceased has been granted bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 27121 of 2025. Lastly, it has been submitted that the petitioner is in custody since 22.10.2024, having no criminal antecedent and charge-sheet has been submitted in the case.
Patna High Court CR. MISC. No.23239 of 2025(3) dt.23-07-2025 3/3
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhepura in connection with Puraini P.S. Case No. 90 of 2024.
(Khatim Reza, J) prabhat/- U T