Vikash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55417 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== VIKASH SHARMA Son of Ragho Sharma Resident of Village-Thakurar, P.S.-Rafiganj, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Rafiganj P.S. Case No. 77 of 2019 registered for the offense punishable under Sections 147/148/341/323/307/379 of the Indian Penal Code.

Learned counsel for the petitioner submits that apparently there is no eye-witness to the occurrence, but the FIR indicates the presence of the present petitioner at the place of occurrence. It is further submitted that no specific overt act has been attributed to the present petitioner and the allegations are general and omnibus in nature which stand corroborated by the case diary which has been received in this case. Learned counsel for the State after perusal of the case

Patna High Court CR. MISC. No.55417 of 2019(3) dt.16-11-2019 2/2 diary submits that the allegation is omnibus against all accused persons. The petitioner, however, is not having any criminal antecedent.

Considering the nature of allegations and tat there is no eye-witness to the occurrence, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Rafiganj P.S. Case No. 77 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) Saif/- U T