Dharmendra Sharf @ Dharmendra Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30939 of 2025 Arising Out of PS. Case No.-206 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Dharmendra Sharf @ Dharmendra Kumar Gupta S/O Late Bindeshwari Prasad @ Late Bindeshwari R/O Vill- Sugawan at present Chhapwa, P.s.- Sugauli, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

3. The informant namely, Vijay Bhagat alleges that on 12.03.2023 at about 6:00 P.M., named accused including this petitioner called his father but he did not return, he got suspicious and then on search, informant got to know that his dead body was lying on South of Gwash of petitioner and informant has reason to believe his father has been killed by named accused.

4. Learned counsel for the petitioner submits that it is a case of circumstantial evidence. Informant is not an eye witness to the alleged occurrence. The petitioner has falsely been implicated in this case only on suspicion. As a matter of

Patna High Court CR. MISC. No.30939 of 2025(2) dt.04-07-2025 2/2 fact, father of the informant was habitual offender and died due to consumption of spurious liquor. Learned counsel has further submitted that the similarly situated co-accused persons have been granted anticipatory bail by this Court vide order dated 24.03.2025 in Cr. Misc. No. 65184 of 2024. The petitioner is in custody since 27.03.2025 and claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the nature of accusation, period of custody and clean antecedent, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 206 of 2023.

(Prabhat Kumar Singh, J) Neha/- U T