Raushan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65370 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- KHUTAUNA District- Madhubani ====================================================== Raushan Sharma, Son Of Late Bhogi Lal Sharma Resident Of Village - Muravpatti Nabtol, P.S.- Khutauna, District - Madhubani. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 08.06.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the informant alleges in the F.I.R. that on 03.02.2021 at about 8.00 P.M., his son Krishna Deo Bhagat was called and he accompanied the accused Ramudgar Sharma and Ram Kumar Sharma, but his son did not return and in the next morning, the

Patna High Court CR. MISC. No.65370 of 2021(2) dt.11-04-2022 2/3 dead body of his son was found in a pool of blood having gunshot in his chest and abdomen.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He is not named in the F.I.R. His name came in the confessional statement of co-accused Ram Kumar Sharma, who has stated that the petitioner assisted in disposal of the dead body. The learned counsel submits that even presuming what has come in the confessional statement to be true without admitting the same for the purposes of bail, then at best the allegation against the petitioner is of assisting the accused in disposal of the dead body, which is a bailable offence. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and is not named in the F.I.R. and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Khutauna P. S. Case

Patna High Court CR. MISC. No.65370 of 2021(2) dt.11-04-2022 3/3 No.14 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T