Ajeet Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32650 of 2024 Arising Out of PS. Case No.-1090 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Ajeet Sharma Son of Munnilal Sharma Resident of Village- Shekhauna Math, Police Station- Bettiah Muffasil, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai, Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Majhauliya P.S. Case No. 1090 of 2023 dated 15.12.2023 registered for the offences punishable u/ss 364, 302 and 201 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's brother and concealed his dead body. It is further alleged that the informant's mother filed an application about the missing of the deceased. Thereafter, the informant got information that a dead body was found near Pipra Bazar and the informant

Patna High Court CR. MISC. No.32650 of 2024(2) dt.07-05-2024 2/3 recognized the dead body as his brother.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no eyewitness to the alleged occurrence. It is further alleged that the deceased was seen with the petitioner on 21.10.2023 and after a long gap the dead body was recovered on 15.12.2023. The petitioner has one more criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 1090 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

Patna High Court CR. MISC. No.32650 of 2024(2) dt.07-05-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T