Suresh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71275 of 2023 Arising Out of PS. Case No.-244 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Suresh Sharma, Son of Late Jogendra Sharma, R/O Village- Sharifpur, P.S.- Nanpur, Disdtrict- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Nanpur Case No. 244 of 2023, registered for the alleged offences under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, the father of the informant was murdered and his dead body was found in an orchard with neck slit. The informant showed his suspicion that along with other co-accused persons, this petitioner was also involved in the murder of the father of the informant.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The informant is not an eye witness to the occurrence and

Patna High Court CR. MISC. No.71275 of 2023(2) dt.09-11-2023 2/3 the allegations made are mostly general and omnibus against all the accused persons. From the FIR, it is clear that the petitioner is labourer of carpenter and worked with the father of the informant for last six months and except for self confessional statement of this petitioner, nothing has come up against the petitioner to connect with the alleged crime. Nothing incriminating has been recovered from the person/possession of the petitioner or at his instance. The petitioner is in custody since 27.05.2023 and is having clean antecedent. The charge sheet has been submitted.

5. Learned APP opposes the submissions made on behalf of the petitioner. The learned APP submits that the petitioner is named in the FIR along with other co-accused persons for causing the death of the father of the informant.

6. Having regard to the facts and circumstances of the case and submissions made hereinabove and considering the lack of substantive material against the petitioner to connect him with the offence as alleged and further considering the submission of charge sheet, his clean antecedent along with his period of custody, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.71275 of 2023(2) dt.09-11-2023 3/3 learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi, in connection with Nanpur P.S. Case No. 244 of 2023, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T