Amit Sharma @ Amit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59451 of 2021 Arising Out of PS. Case No.-23 Year-2020 Thana- PURAINI District- Madhepura ====================================================== Amit Sharma @ Amit Kumar Sharma, Son of Late Ramotar Sharma Resident of Village - Aurai Purvi, P.S.- Puraini, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Puraini P.S. Case No. 23 of 2020 registered for the offence under Section 302, 201 and 34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 02.03.2021.

The allegation against the petitioner is to commit murder of step-sister along with other family members / coaccused persons. Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the FIR and name of

Patna High Court CR. MISC. No.59451 of 2021(3) dt.11-08-2022 2/3 the petitioner surfaced on the basis of suspicion, as raised by local Chaukidar on the basis of hearsay input. It is also submitted that nothing surfaced during course of investigation to connect the petitioner, prima-facie, with the present set of occurrence, who is a man of clean antecedent. It has further been submitted that similarly situated co-accused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 59836 of 2021 dated 09.05.2022. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted under Section 306 of the Indian Penal Code, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the FIR. Considering the facts and circumstances as mentioned above, as nothing surfaced during course of the investigation except hearsay, which may connect the petitioner, prima-facie, with the present set of occurrence, where, petitioner is a man of clean antecedent coupled with the fact that charge-sheet has been submitted under Section 306 of IPC, let the petitioner, above named, is directed to be released on bail in connection

Patna High Court CR. MISC. No.59451 of 2021(3) dt.11-08-2022 3/3 with Puraini P.S. Case No. 23 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Udakishunganj, Madhepura, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/ Minu/- U T