Abhishek Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29329 of 2023 Arising Out of PS. Case No.-218 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== ABHISHEK SHARMA SON OF SUKHDEV SHARMA RESIDENT OF VILLAGE- CHHATAUNI BADHAI, TOLA, PS- CHHATAUNI, DISTTEAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP.

Mr. Abhishek Kumar, Adv.

Mrs. Rashmi Jha, Adv.

Mr. Sharad Kumar Verma, Adv.

Mr. Sagar Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

3. Allegedly, petitioner is said to have committed murder of the informant's son.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.29329 of 2023(3) dt.01-08-2023 2/2 general and omnibus in nature. There is no eye-witness in the present case. His name has been transpired in the present case merely on basis of suspicion. He has no concern with murder of the informant's son. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Per contra, learned APP for the State as well as learned counsel for the informant vehemently opposing the bail petition submitted that petitioner is involved in the present case as on the basis of C.C.T.V. Camera, the complicity of the petitioner has been found in the present case.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) divyanshi/- U T