Mahendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54152 of 2022 Arising Out of PS. Case No.-174 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Mahendra Sharma S/O Late Bhagwat Sharma Resident Of Village- Rajni, Ward No- 13, P.S.- Murliganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner and other coaccused persons is that shot fire on the brother of informant, due to which he succumbed to gun shot injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.54152 of 2022(3) dt.20-02-2023 2/3 falsely been implicated in the present case. There is no eye witness of the alleged occurrence and only on the basis of suspicion, the name of petitioner has been dragged in this case. During the course of investigation, there is no legal evidence to show the indulgence of petitioner in the alleged offence. Moreover, the petitioner is languishing in judicial custody since 14.4.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that petitioner is named in F.I.R.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Murliganj P.S. Case No. 174 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.54152 of 2022(3) dt.20-02-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Madhepura.

(Sunil Kumar Panwar, J) nirajkrs/- U T