Mani Kant Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2694 of 2016 Arising Out of PS.Case No. -48 Year- 2015 Thana -DHOLBAJJA District- BHAGALPUR ======================================================

1. Mani Kant Sharma Son of Late Bhagwat Sharma Resident of VillageKhairapur, Kadwa, P.S.-(Kadwa), Dholbazza, District-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. P.K.Choursiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The informant claims herself to be eye witness of the alleged occurrence and she specifically stated that FIR named accused persons committed murder of her husband. So far as the petitioner is concerned, she stated that petitioner happens to be her next door neighbour and the son of petitioner had also heard sound of firing but in course of investigation, the petitioner was made accused in this case on the ground that he was in touch with the FIR named accused Kare Lal Mandal and the witnesses expressed their suspicion against the petitioner and apart from this some coaccused confessed their guilt disclosing the name of the petitioner in the alleged occurrence.

Patna High Court Cr.Misc. No.2694 of 2016 (2) dt.29-01-2016 2/2 Learned counsel for the petitioner submits that even the aforesaid material is assumed to be true, then also, there is only allegation of conspiracy against the petitioner who is languishing in jail custody since 09.11.2015 and the investigation against him has already been completed.

Accordingly, 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 Sri S. K. Gupta, learned Judicial Magistrate, 1st class, Naugachia, Bhagalpur in connection with Dholbazza (Kadwa) P.S. case No.48/ 2015, G. R. No. 1011/2015. (Hemant Kumar Srivastava, J) BKS/- U T