Baliram Sharma @ Baliram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66398 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- ALIPUR District- Gaya ====================================================== Baliram Sharma @ Baliram Singh Resident of Village-Nimsar,P.S. Alipur,Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Prem Kumar, Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr. Kumar Virendra Narayan For the informant :

Mr. Pramod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 120B, 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation, in short, is that when the son of the informant was on the way to purchase medicine, the accused persons fired at him whereafter he succumbed to the injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.66398 of 2018(2) dt.19-12-2018 2/2 present case. As per the F.I.R., the deceased, after sustaining injury, had disclosed the name of four sons of the petitioner to the informant. He had not taken name of the petitioner who happens to be the father of the accused persons. Only suspicion has been raised against the petitioner for his involvement in the present case. Except suspicion, there is no other substantive evidence to suggest his implication in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -II, Gaya in connection with Alipur P.S. Case No. 54/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T