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Patna High CourtCR. MISC./41151/2025bail granted

Satya Narain Sharma v. The State Of Bihar

2025-10-08Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41151 of 2025 Arising Out of PS. Case No.-80 Year-2024 Thana- TARABARI District- Araria ====================================================== 1.

Satya Narain Sharma S/O Ramfal Chaupal Das R/O Village- Aamgachhi, P.S- Tarabari, Distt.- Araria.

2.

Munna Sharma @ Munna Kumar S/O Ramfal Chaupal Das R/O VillageAamgachhi, P.S- Tarabari, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners in this application pray for bail apprehending their arrest in connection with Tarabari P.S. Case no. 80 of 2024 registered for the offence under sections 302, 120B and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that over a made up dispute relating to land, the informant saw the accused persons assaulting his father. He came to his father's rescue and thereafter the accused went away. His father told him that if he had not come to his rescue, the accused would have killed him. Thereafter the informant states that he proceeded with his work. In the evening it transpired that his father had

Patna High Court CR. MISC. No.41151 of 2025(3) dt.08-10-2025 2/3 still not returned home and at about 8:30 p.m. in course of search, the dead body of his father was recovered.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The allegation of an altercation between the petitioners and the father of the informant in the morning while the informant was proceeding to his work is all a concocted story. No such occurrence had taken place. In any case of the matter, there is no eye-witness to the alleged occurrence of murder of the informant's father. No material has transpired in course of investigation to connect them with the crime in question. The petitioners have no criminal antecedent.

5. The application for bail is opposed by the learned A.P.P. for the State. However, it is not denied that except for the suspicion raised by the informant in the F.I.R., there is no eyewitness to the actual occurrence.

6. Having heard the learned counsel for the parties and taking into consideration, the allegations in the F.I.R., the material that has transpired in course of investigation, there being no eye-witness to the occurrence and the petitioners not having any criminal antecedent, in the facts of the case, both the petitioners above named are directed to be enlarged on

Patna High Court CR. MISC. No.41151 of 2025(3) dt.08-10-2025 3/3 anticipatory bail, in the event of their arrest/surrender within a period of four weeks, in connection with Tarabari P.S. Case no. 80 of 2024 on each of them furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria.

(Partha Sarthy, J) Saif/- U T