Raushan Kumar Sharma @ Champion v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24688 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== Raushan Kumar Sharma @ Champion Son of Shiv Chandra Sharma R/o Vill.- Karambari (Karmuwari), P.S.- Paroo, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neeraj Kumar@ Sanidh Mr. Ashwani Raj Narayan For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the son of the informant went with four boys including the petitioner who came to his house to Zafarpur for some work and after sometime the informant came to know that his son has been killed.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to dirty village politics. There is no eye witness of the alleged occurrence. No any arm has been recovered from the conscious possession of the petitioner. During course of investigation

Patna High Court CR. MISC. No.24688 of 2023(3) dt.20-07-2023 2/2 no consistent evidence has come to show the complicity of the petitioner in the presence occurrence. It is further submitted that the police after investigation submitted the charge sheet against the petitioner. Other co-accused namely Hemant Kumar Singh has already been granted bail by a co-ordinate Bench of this Court vide order dated 19.07.2023 passed in Cr. Misc. No. 13506 of 2023. The petitioner is languishing in judicial custody since 06.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Paroo P.S. Case No.190 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III (West) Muzaffarpur /concerned Court.

(Sunil Kumar Panwar, J) lata/- U T