Jamun Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32746 of 2023 Arising Out of PS. Case No.-273 Year-2022 Thana- SUPAUL District- Supaul ====================================================== JAMUN SHARMA S/O RAMLOCHAN SHARMA R/O Village- Chak Dumariya, P.S- Supaul, Distt.- Supaul.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhim Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 363, 506/34 of the Indian Penal Code. Sections 302 and 201 of the Indian Penal Code were added later on.
3. As per F.I.R., it is alleged that all the F.I.R. named accused persons including this petitioner kidnapped and killed the grandson of the informant. It is further alleged that this petitioner and co-accused Ashok Sharma, both were candidates in the election for the post of Mukhiya and B.D.C. respectively and after losing the elections they had threatened the informant of dire consequences.
4. Learned counsel for the petitioner submits that there is no eye witness of the occurrence and petitioner has been
Patna High Court CR. MISC. No.32746 of 2023(4) dt.22-09-2023 2/2 made accused only on suspicion. During course of investigation, it has come that the motorcycles in questions were not driven by this petitioner. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State opposes the bail application and submits that one of the motorcycles in question belongs to the petitioner and he was duly involved in kidnapping of the deceased.
6. Considering the gravity of the offence and facts and circumstances of the case, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J) Navya/- U T