Subhash Sharma @ Subhash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36381 of 2016 Arising Out of PS.Case No. -233 Year- 2013 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Subhash Sharma @ Subhash Rai Son of late Dorik Sharma Resident of Village- Mirachak, P.S Bihapur, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Sessions Trial No. 25 of 2015 arising out of Muffassil P.S. Case No. 233 of 2013 registered under Sections 304B, 34 and 120B of the I.P.C. pending in the Court of 5th Additional Sessions Judge, Munger. Submission is that petitioner is innocent and has falsely been implicated in this case. It is also submitted that petitioner has no criminal antecedent and is in custody since 12.01.2015.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner with submission that several witnesses have supported the allegation of the petitioner in the

Patna High Court Cr.Misc. No.36381 of 2016 (3) dt.20-02-2017 2/2 case diary and the deceased died due to multiple injuries. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) Shailendra/- U T