Patna High CourtCR. MISC./59839/2023bail granted

Chunnu Sharma @ Ratnesh Sharma v. The State Of Bihar

2023-11-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59839 of 2023 Arising Out of PS. Case No.-235 Year-2022 Thana- DERNI BAZAR District- Saran ====================================================== CHUNNU SHARMA @ RATNESH SHARMA Son of Upendra Sharma R/o vill - Bishambharpur, P.s. - Derni, Distt. - Saran At Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-11-2023 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner seeks bail in connection with Derni P.S. Case No. 235 of 2022 registered for the offence under Sections 302, 323, 341 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have assaulted the deceased and killed him.

4. It has been submitted by the learned counsel for the petitioner that the deceased was a criminal and he was killed at some other place. The date of death is 12.12.2022 at about 4:30PM in the evening. The postmortem has been done at 9:45AM on 13.12.2022 and the F.I.R has been filed on 14.12.2022. Learned counsel for the petitioner submits that this delayed F.I.R. after the postmortem in goes to show that the petitioner may have been falsely implicated after the prosecution came to know about the exact injury given to the

Patna High Court CR. MISC. No.59839 of 2023(4) dt.09-11-2023 2/2 deceased.

5. From the postmortem report it appears that the stomach of the deceased was empty. The stomach of a person who is killed at 4:30PM cannot be empty, and therefore, there is some substance in the argument of the learned counsel for the petitioner.

6. Considering the aforesaid facts, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Derni P.S. Case No. 235 of 2022

8. The petitioner will cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) Guddu/- U T