Pashupati Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25338 of 2025 Arising Out of PS. Case No.-18 Year-2020 Thana- MAHESHKHUNT District- Khagaria ====================================================== Pashupati Sharma S/o Lakhan Sharma R/o Vill.- Madhya Telaunchh, Ward No.- 16, P.S- Chauttam, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv :
Mr. Anuj Kumar, Adv For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Maheshkunt P.S. Case No. 18 of 2020 registered for the offences under Sections 302 and 34 of the Indian Penal Code.
3. The petitioner is not named in the F.I.R. and is in custody since 19.01.2025.
4. As per FIR the brother of the informant was killed by some unknown persons, where occurrence was reported to informant by his another brother namely Manoj Kumar Chaurasia.
5. Mr. Y.C. Verma, learned senior counsel appearing
Patna High Court CR. MISC. No.25338 of 2025(3) dt.29-07-2025 2/3 on behalf of the petitioner submitted that mere on the basis of suspicion as petitioner could not reply satisfactorily to the questions and queries as raised by investigating officer, in furtherance of notice as issued against petitioner under Section 160 of the Cr.P.C., petitioner was arrested with the present case, having otherwise no involvement. It is pointed out that admittedly as per FIR one Golu Kumar (nephew) and Manoj Kumar Chaurasia were present at the time of occurrence along with petitioner and one Vikas Kumar when occurrence took place. This petitioner was arrested only for the reason that he could not reply to certain queries with clarity.
It is submitted that in view of same it can be said safely that the arrest of petitioner with the present case is only out of suspicion. While concluding the argument it is submitted that petitioner is a man of clean antecedent, and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
Patna High Court CR. MISC. No.25338 of 2025(3) dt.29-07-2025 3/3
7. In view of aforesaid facts and circumstances as mentioned above and by taking note of the fact as save and except suspicion which surfaced out of behavior of petitioner, nothing incriminating prima-facie appears, as to connect him with present crime in question, coupled with the fact as petitioner remains in custody since 19.01.2025, accordingly above named petitioner, is directed to be released on bail in connection with Maheshkunt P.S. Case No. 18 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T