Satrughan Sharma @ Shatrudhan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43826 of 2024 Arising Out of PS. Case No.-269 Year-2023 Thana- BARSOI District- Katihar ====================================================== Satrughan Sharma @ Shatrudhan Sharma S/o Kanhai Sharma R/o vill - Aalepur, P.S. - Barsoi (Sudhani O.P.), Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Barsoi (Sudhani O.P.) P.S. Case No. 269 of 2023, instituted for the offences punishable under Section 302/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the elder brother of the informant was done to death on account of electrocution by the accused persons including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No specific allegation is levelled against the petitioner. There is no eye witness to the alleged occurrence. The petitioner is in

Patna High Court CR. MISC. No.43826 of 2024(2) dt.24-06-2024 2/3 custody since 26.08.2023 and has got no criminal antecedent. During investigation, it has come that the deceased committed suicide as the wife of the deceased has illicit relation with the petitioner. Name of the petitioner has transpired in this case only on the basis of suspicion. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 09.04.2024 passed in Cr. Misc. No. 73426 of 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barsoi (Sudhani O.P.) P.S. Case No. 269 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.43826 of 2024(2) dt.24-06-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T