Raja Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31909 of 2019 Arising Out of PS. Case No.-290 Year-2017 Thana- BAHADURGANJ District- Kishanganj ====================================================== RAJA KUMAR SHARMA Son of Ganesh Sharma Resident of Main Road, Bahadurganj, Ward No. 8, P.S.- Bahadurganj, Distt - Kishanganj. ... ... Petitioner

Versus

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

For the Petitioner :Mr.Vijay Kumar, Advocate For the Opposite Party : Mr.Anuj Kumar Shrivastava, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307/34 and other ancillary sections of the Indian Penal Code.

Informant alleges that two unknown persons came to the shop of her husband and fired at him causing injury in his abdomen. Petitioner's name has come in the case in the confessional statement of co-accused Azhar to the effect that accused Md. Shamim and the petitioner had gone to Araria to give Supari money of Rs.1 lac to some other miscreant for committing the offence.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on suspicion as he does not know the victim nor he had gone to Araria as

Patna High Court CR. MISC. No. 31909 of 2019(3) dt.24-07-2019 2/2 alleged. Learned counsel for the petitioner further submits that during investigation police has not found any incriminating material to connect the petitioner with the offence, save and except the confession as above. Petitioner has got no criminal antecedent.

Considering the facts of the case, let the petitioner above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 the Chief Judicial Magistrate, Kishanganj in Bahadurganj Police Station Case No. 290 of 2017, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T