Chotu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36864 of 2019 Arising Out of PS. Case No.-548 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Chotu Sharma Son of Late Bhushan Sharma Resident of Village - Sabdalpur, P.S.- Makhdumpur, Dist.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prasad For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 392, 302 of the Indian Penal Code.

The prosecution case in brief is that while the informant's nephew was returning from Masaurhi halt after dropping his relative, he was stabbed by the accused persons, as a result of which, he succumbed to the injuries.

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 is in custody since 03-12-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional

Patna High Court CR. MISC. No.36864 of 2019(2) dt.27-06-2019 2/2 statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 14-05-2019 passed in Cr. Misc. No. 32074 of 2019. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-XVI, Patna in connection with Masaurhi P.S. Case No. 548 of 2018.

(Sudhir Singh, J) A.K.V.//- U T