Patna High CourtCR. MISC./31854/2024bail granted

Chhotelal Sharma v. The State Of Bihar

2024-04-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31854 of 2024 Arising Out of PS. Case No.-1199 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Chhotelal Sharma Son of Sukhdeo Sharma Resident of Village - Jhamta, P.S. - Muffasil, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khagaria P.S. Case No. 1199 of 2023 instituted for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the husband of the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. He submitted that there is general and omnibus allegation against the petitioner rather the specific allegation is against co-accused Ramvali Sharma and Naresh Sharma. There is no specific overt act

Patna High Court CR. MISC. No.31854 of 2024(2) dt.25-04-2024 2/2 against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 22.12.2023 and he has no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no specific allegation against the petitioner as well as the period of custody undergone by him, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Khagaria P.S. Case No. 1199 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T