Raju Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5835 of 2021 Arising Out of PS. Case No.-85 Year-2020 Thana- BIRPUR District- Supaul ====================================================== Raju Kumar Sharma, S/o Basudeo Sharma @ Vasudev Sharma, Resident of Ward No. 03, village - Balbhadrapur, P.S.- Birpur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-04-2021 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 341, 342, 307, 302, 120(B/34 of the Indian Penal Code and section 27 of the Arms Act.

As per F.I.R., 13 named accused persons are stated to have gathered variously armed. It is further stated that Jagdish Korogiya and Manish Yadav fired as a result of which the nephew of the informant died on the spot while her husband was injured seriously.

Patna High Court CR. MISC. No.5835 of 2021(2) dt.15-04-2021 2/3 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case on confessional statement of other co-accused namely Om Kumar. Similarly placed co-accused has been granted bail by coordinate bench of this court vide order dated 09.03.2021 passed in Cr. Misc. No. 38243 of 2020. Petitioner is in custody since 27.06.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Birpur P.S. Case No. 85 of 2020, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence

Patna High Court CR. MISC. No.5835 of 2021(2) dt.15-04-2021 3/3 or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T