Patna High CourtCR. MISC./43816/2024bail granted

Arun Sharma v. The State Of Bihar

2024-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43816 of 2024 Arising Out of PS. Case No.-1090 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Arun Sharma S/o Late Shivpujan Thakur Resident of Vill- Pakariya, Sheorahi Mathiya, P.S.- Jagdishpur, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Majhauliya P.S. Case No. 1090 of 2023 dated 15.12.2023 registered for the offences punishable u/ss 364, 302 and 201 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have killed the informant's brother and concealed his dead body. It is further alleged that the informant's mother filed an application about the missing of the deceased. Thereafter, the informant got information that a dead body was found near Pipra Bazar and the informant recognized the dead body as his brother.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.43816 of 2024(2) dt.20-07-2024 2/2 the petitioner is innocent and has falsely been implicated in this case. There is no eyewitness to the alleged occurrence. It is further alleged that the deceased was missing on 21.10.2023 but the F.I.R. was lodged on 15.12.2023 after a delay of 2 months without any explanation. The co-accused person has already been granted regular bail by this court vide order dated 07.05.2024 passed in Cr. Misc. No. 32650 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 1090 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T