Patna High CourtCR. MISC./70949/2023bail granted

Santosh Sharma v. The State Of Bihar

2024-02-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70949 of 2023 Arising Out of PS. Case No.-1 Year-2021 Thana- SHRI NAGAR District- Madhepura ====================================================== SANTOSH SHARMA Son of Late Luchai Sharma R/o vill - Laxmipur, Bhagwati, P.S. - Sri Nagar, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shrinagar P.S. Case No. 01 of 2021 registered for the offence under Sections 341, 323, 153A, 307, 504, 506 and under Section 34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and others are said to have fired at the victim which caused grievous injury to the victim.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR and his name has surfaced in this case on the

Patna High Court CR. MISC. No.70949 of 2023(3) dt.29-02-2024 2/2 basis of confessional statement of the other co-accused.

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 26.04.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the aforesaid facts and the period of custody, this application is allowed.

8. 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 SDJM, Madhepura in connection with Srinagar P.S. Case No. 01 of 2021.

9. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on the dates fixed for hearing.

(Sandeep Kumar, J) Vikas/- U T