Abhimanyu Sharma @ Abhimanyu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59593 of 2023 Arising Out of PS. Case No.-368 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Abhimanyu Sharma @ Abhimanyu Son Of Om Prakash Village- Garnauthi Ps- Kalanor Dist- Rohtak Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 149, 302 of the Indian Penal Code. It is alleged against the petitioner and other F.I.R named accused persons and some unknown accused that they brutally assaulted the elder brother of the informant by lathi, danda, fists, slaps and iron rod, as a result of which, the elder brother of the informant succumbed to the injuries.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.59593 of 2023(6) dt.12-01-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. From the F.I.R itself, it appears that informant is not the eye witness to the occurrence and it is very strange that no zero F.I.R was lodged either at Mankapur or at Gonda where the postmortem was conducted. Even as per F.I.R, there is no allegation against the petitioner that he was armed with which weapon or whether he allegedly assaulted with fists and slaps or with leg or with lathi danda. The CCTV footage of the Toll Plaza which has been collected by the police, it was revealed that no occurrence whatsover was occurred at the Koilwar Toll Plaza.

During investigation, some of the witnesses have stated that over theft of money in a rented room, the occurrence of assault took place nd on the next day, the brother of the informant left for his village and subsequently they learnt that he died. The petitioner is languishing in custody since 23.07.2023.

Patna High Court CR. MISC. No.59593 of 2023(6) dt.12-01-2024 3/3 antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara in connection with Koilwar P.S. Case No. 368 of 2023.

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