Patna High CourtCR. MISC./63339/2023bail granted

Ram Kumar Sharma v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63339 of 2023 Arising Out of PS. Case No.-419 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Ram Kumar Sharma, Son of Amarendra Sharma @ Amarendra Rai, R/o vill - Lahaladpur, P.S. - Kanti, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation, the informant alleged that the accused persons assaulted her husband and brother-in-law. It is further alleged that two persons, namely, Pintu Kumar and Raman Singh fired gun shot on her husband, owing to which her husband succumbed to his injuries.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.07.2023 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been

Patna High Court CR. MISC. No.63339 of 2023(2) dt.10-10-2023 2/2 submitted in the present case. The petitioner has falsely been implicated in the present case. The allegation of assault upon the deceased is against Pintu Kumar and Raman Singh. So far the petitioner is concerned, there is no allegation of assault upon the deceased. The petitioner is a member of an unlawful assembly. Except for this, there is no other substantive evidence to suggest his implication in the present case.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Kanti P.S. Case No. 419 of 2023.

(Sudhir Singh, J) annu/- U T