Monu Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49094 of 2022 Arising Out of PS. Case No.-1035 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== MONU KUMAR SHARMA S/o Mohan Sharma R/o village- D.D. Road, Chhuwapatti, Ward No. 17, Forbesganj, P.S.- Forbesganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, while the informant was coming as pillion rider with his younger brother on scooty, and reached near Jhabak Gali, three miscreants on one motorcycle overtook their scooty and opened fire as a result of which informant's younger brother received gun shot injury on his chest and died.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. His name has been transpired in the confessional statement of co-accused

Patna High Court CR. MISC. No.49094 of 2022(3) dt.14-03-2023 2/2 Shyam Bahardar before the police, which has no evidentiary value in the eye of law. Petitioner is not named in the FIR. It is further submitted that accused Shyam Bahardar has already been enlarged on bail by another Bench vide order dated 26.04.2022 passed in Cr. Misc. No. 71827 of 2021. Petitioner is in custody since 21.06.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Araria in connection with S.T. No. 67 of 2022 arising out of Forbesganj P.S. Case No. 1035 of 2020. (Sunil Kumar Panwar, J) sushma/- U