Amit Kumar Sharma @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25534 of 2018 Arising Out of PS. Case No.-290 Year-2017 Thana- BAHADURGANJ District- Kishanganj ====================================================== Amit Kumar Sharma @ Amit Kumar, son of Siya Ram Sharma, resident of Village- Basuhar Majdiya, P.S. Kursela, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-05-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Bahadurganj P.S. Case No. 290 of 2017 dated 26.11.2017 instituted for the offences under Sections 341, 324, 326, 307, 452 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR has been lodged by the wife of the victim who has alleged that about four years ago, her husband had taken a shop on rent from one Anis. However, for some reason or the other, aforesaid Anis had got the shop vacated and gave that shop to his son Nafis to run a electronic goods business. The husband of the informant, after being thrown out from the shop of Anis, started running another shop from the rented place

Patna High Court Cr.Misc. No.25534 of 2018(3) dt.18-05-2018 2/2 belonging to one Karan Sah. Because of this, there was business dispute between aforesaid Anis and Nafis and the husband of the informant. On the day of the occurrence, the informant was told that her husband has been hit in his stomach by a gun shot. On that basis the aforesaid FIR was lodged.

The petitioner in the present case has been arrested on the basis of confession of two of the accused persons viz. Varun Sah and Azhar Hussain.

The petitioner is in custody since 06.01.2018 and there is no other material except the confession of two accused persons in this case.

Regard being had to the aforesaid facts as also taking into account that the petitioner does not have any criminal antecedent he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 290 of 2017.

(Ashutosh Kumar, J) krishna/- U T