Mukesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6714 of 2018 Arising Out of PS.Case No. -59 Year- 2011 Thana -KONCH District- GAYA ====================================================== Mukesh Sharma, S/o Late Ram Kishor Sharma, R/o Village- Murera, P.S.- Konch, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-02-2018 Heard Mr. Rama Kant Sharma, learned Senior Counsel appearing for the petitioner and the learned counsel appearing on behalf of the State.

The petitioner is in custody since 28.11.2017 in connection with Konch P.S. Case No.59 of 2011 registered for the offence under Section 302/34 of the Indian Penal Code. Learned Senior Counsel for the petitioner submits that only because the petitioner has communicated that a person is lying in an injured condition beside the road, the petitioner's name has been drawn in connection with the present case on mere suspicion. He further submits that the victim was totally unknown to him.

Earlier, diary was called for in this case, which has

Patna High Court Cr.Misc. No.6714 of 2018 (3) dt.21-02-2018 2/2 since been received.

Learned counsel appearing on behalf of the State after perusal of the case diary merely submits that apart from the allegations made in the F.I.R., there is no further material in the case diary to connect the petitioner with the alleged occurrence and, admittedly, there is no eye-witness. Considering the remote nature of allegations made against the petitioner and he is having only one criminal antecedent, being Konch P.S. Case No.72 of 2004, in which he is already on bail, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Gaya, in connection Konch P.S. Case No.59 of 2011 . (Anjana Mishra, J) PNM U T