Pawan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34340 of 2020 Arising Out of PS. Case No.-105 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== PAWAN SHARMA SON OF DINESH SINGH RESIDENT OF VILLAGE KHAPURI, P.S. DULHIN BAZAR, DISTRICT - PATNA, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh For the Informant Mr. Arvind Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

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

The prosecution case, in short, is that the accused persons fired at the elder brother of the informant due to which he sustained injuries and later died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.34340 of 2020(2) dt.17-03-2021 2/2 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R.. As per the F.I.R., Ujjwal Kumar and Pappu Kumar are the assailants. The name of the petitioner has transpired on the basis of confession of co-accused namely Ritesh Kumar. Except for this, 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 not named in the F.I.R.

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) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur in connection with Rani Talab P.S. Case No. 105/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pankaj/- (Sudhir Singh, J) U T