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Patna High CourtCR. MISC./537/2021allowed

Mangen Sharma @ Mangan Kumar Sharma v. The State Of Bihar

2021-03-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.537 of 2021 Arising Out of PS. Case No.-21 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== MANGEN SHARMA @ MANGAN KUMAR SHARMA, Son of Tanuki Sharma @ Tanuk Lal Sharma @ Tanuk Sharma, Resident of Village - Charrapatti Nagrah Basa, Ward No.09, P.S.- Tikapatti, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner alongwith other accused persons is of firing upon the informant due to which he injured.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no eye witnesses to the occurrence and the petitioner has been made accused in this case due to conspiracy of informant and accused Mukesh Sharma who is the husband of the informant has been granted by this

Patna High Court CR. MISC. No.537 of 2021(3) dt.24-03-2021 2/2 Hon'ble Court vide order dated 24.08.2018 passed in Cr. Misc. No.46156/2018. There is no recovery from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since 04.02.2020 more than one year. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Chausa P.S. Case No. 21/2018 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T