Laxhman Sharma Alias Lakshman Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51587 of 2022 Arising Out of PS. Case No.-180 Year-2022 Thana- BARHARA KOTHI District- Purnia ====================================================== LAXHMAN SHARMA ALIAS LAKSHMAN SHARMA SON OF LATE JAGDISH SHARMA R/O VILLAGE- BHATOTAR, P.S.- BARHARA KOTHI, DISTRICT- PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-02-2023 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 Barhara P.S. Case No. 180 of 2022 registered for the offence under Sections 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 04.05.2022.

The allegation against the petitioner is to commit murder of the mother of informant by causing head injury with sharp cut weapon, due to previous enmities.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.51587 of 2022(4) dt.16-02-2023 2/3 submitted that informant is not the eye-witness of the occurrence, as it is appearing from the last paragraph of the FIR itself that he claimed the involvement of petitioner in the present occurrence, suggesting that entire allegation is based upon suspicion. It is also submitted that both the parties are in inimical terms and prior to this occurrence, before 02 months, the wife of the petitioner was died, where a suspicion was raised that the deceased caused her death by witchcraft practice. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as informant is not the eye-witness of the occurrence, where, entire allegation is based upon mere suspicion coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Barhara P.S. Case No. 180 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.51587 of 2022(4) dt.16-02-2023 3/3 two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T