Vimlesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61762 of 2022 Arising Out of PS. Case No.-231 Year-2021 Thana- KONCH District- Gaya ====================================================== Vimlesh Sharma S/O Late Ramdhyan Sharma R/O Village- Kaiyatanr, P.S.- Konch, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code and later on Section 302 of the IPC.

As per prosecution case, informant alleged that on 01.07.2021 petitioner along with co-accused have assaulted his sister by iron rod due to which, she sustained injury over her head and she became unconscious. Thereafter, she was taken to near hospital from where she was referred to I.G.M.S., Patna and during course of treatment, victim was died. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner and the informant belong to the same family due to

Patna High Court CR. MISC. No.61762 of 2022(3) dt.14-03-2023 2/2 which this petitioner has falsely been implicated in this case. It is also submitted that no external injury has been shown in the postmortem report. It is further submitted that the occurrence took place on 1.7.2021 and the FIR has been lodged after eight days delay on 9.7.2021. there is no specific overt-act against the petitioner rather general and omnibus allegation leveled against him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 12.05.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Konch P.S. Case No. 231 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Gaya.

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