Gautam Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45200 of 2023 Arising Out of PS. Case No.-227 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== GAUTAM SHARMA, S/O- Late Sundar Sharma R/O Village- Mohanpur, Tilakdhari Tola, P.S.- Bakharpur, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Pirpainti P.S. Case No. 227 of 2022 dated 17.07.2022 registered for the offences punishable under Section 302/34 of the Indian Penal Code and Sections 3/4 of the Dayan Act.

3. The main submissions advanced by learned counsel Mr. Amrendra Kumar Jha appearing for the petitioner are that the FIR goes to show that the informant is not the eye-witness of the alleged occurrence, this petitioner and his three relatives have been named in the FIR, out of them two co-accused persons namely, Raj Kumar Sharma and Lakhan Kumar have been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.10814 of 2023 and as per the FIR,

Patna High Court CR. MISC. No.45200 of 2023(2) dt.31-07-2023 2/3 the main allegation appears against the co-accused Raj Kumar Sharma who is on bail, if the alleged occurrence is believed to be true even then there was no reason for the petitioner to be involved in the alleged crime as there was some tension in between the co-accused Raj Kumar Sharma and deceased's family on account of death of a cow and as per autopsy report on the body of the deceased only one sharp cut injury was found. Further submissions are that any specific role of the petitioner in the alleged crime has not been revealed and he has been dragged in this case merely on the basis of suspicion and he has been languishing in jail since 19.07.2022 having fair and clean antecedent.

4. Learned APP Mr. Binod Kumar appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly the privilege of bail having been granted to above-mentioned two similarly situated co-accused persons and also the facts that in the FIR there is no specific allegation against the petitioner and he has been languishing in jail since 19.07.2022 and as per above submission on the body of the deceased, only one sharp cut injury was found, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be

Patna High Court CR. MISC. No.45200 of 2023(2) dt.31-07-2023 3/3 enlarged 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 concerned Court in connection with Pirpainti P.S. Case No. 227 of 2022.

(Shailendra Singh, J.) Maynaz/- U T