Babloo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52250 of 2022 Arising Out of PS. Case No.-16 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== Babloo Sharma Son of Bindeshwari Sharma R/o Village Kabaiya Tola Pama, P.S. Sour Bazar (O.P. Patarghat), District Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Sour Bazar (Patarghat O.P.) P.S. Case No.16 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 325, 307, 302, 120(B), 201 and 379 of the Indian Penal Code.

Allegation is of killing the son of the informant by the accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that petitioner is not named in the FIR and during investigation, the petitioner is made accused in the instant case. It is further

Patna High Court CR. MISC. No.52250 of 2022(4) dt.27-02-2023 2/2 submitted that there is general and omnibus allegation against all accused persons.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner by submitting that nine injuries were found on the dead body of the deceased. Taking into consideration the facts aforesaid and the fact that no specific overt act is alleged against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa in connection with Sour Bazar (Patarghat O.P.) P.S. Case No.16 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T