Deepu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26432 of 2015 Arising Out of PS.Case No. -343 Year- 2014 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Deepu Sharma s/o Parasnath Sharma, R/o village- Parasia, P.S.- Dhansoin, District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. S.Eheteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 302/201/34 of the I.P.C Allegedly, the father of the informant went to Parasiya at the house of sister of the informant and from where he proceeded to Dinara with the petitioner and one unknown person. At Dinara he took Rs. 4,000/- from Badsah Sharma and thereafter they took drink but in the night father did not return and on 27.10.2014 his dead body was found near Bhaluni Tola. Submission is of false implication and that there was no motive for the petitioner to commit murder of the deceased. The petitioner allegedly went with the deceased on 25.10.2014 and took drink together but thereafter what happened to the deceased

Patna High Court Cr.Misc. No.26432 of 2015 (3) dt.12-10-2015 2/2 is not known to the petitioner. There is no eye witness of the occurrence and the petitioner was also not seen lastly with the deceased and he is suffering in custody since 11.02.2015 having no criminal antecedent.

The learned A.P.P. submits that the deceased went with the petitioner and one Suresh Sharma and then took drink together on 25.10.2014.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner is directed to 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 C.J.M. Rohtas at Sasaram in Dinara P.S. Case No. 343 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T