Prakash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45596 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- ANTICHAK District- Bhagalpur ====================================================== 1.

Prakash Sharma S/o Sri Damodar Sharma R/o Village- Ratanganj, P.O.- Suktia Bazar, P.S.- Gopalpur, District- Bhagalpur 2.

Pairu Sharma @ Pannalal Sharma S/o Sri Damodar Sharma R/o VillageRatanganj, P.O.- Suktia Bazar, P.S.- Gopalpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-09-2025 Heard Mr. Ajay Mukherjee, learned counsel for the petitioners and Mr. B.N. Pandey, learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 103(1), 238 and 61(2) of the B.N.S.

3. The case of the prosecution is that it is the suspicion of the informant that petitioners have killed her husband.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence.

Patna High Court CR. MISC. No.45596 of 2025(3) dt.11-09-2025 2/3 Learned counsel for the petitioners has submitted that in this case, no one is the eye witness. The name of the petitioners has surfaced only on the basis of suspicion of the informant. During course of investigation, petitioner Panna Lal has given his confessional statement and in his confessional statement, he has confessed his guilt and has also stated that he along with his brother killed the informant's husband. Learned counsel for the petitioners has also submitted that save and except the confessional statement of the petitioner Panna Lal and the suspicion of the informant, there is nothing against them. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 05.02.2025.

5. Learned APP appearing for the State has conceded to the argument that this case is based only on the basis of suspicion.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Antichak P.S. Case No. 12 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of

Patna High Court CR. MISC. No.45596 of 2025(3) dt.11-09-2025 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur.

(Ashok Kumar Pandey, J) Shubham/- U T