Awadhesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74338 of 2023 Arising Out of PS. Case No.-470 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== Awadhesh Sharma, Son Of Kailash Sharma R/O Village - Tihay, P.S.- Pasraha, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Bihpur (Bhawanipur) P.S. Case No. 470 of 2022 for the offences registered under Sections 302/120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.
3. As per the prosecution case, on the date of occurrence informant went with one Sanjiv Kumar Singh at Mirkal Jalkar by crossing the river where petitioner along with other co-accused persons were present. They started firing upon them which hit Sanjiv Kumar Singh who died on the spot. The informant also got injury on his leg but somehow he managed to flee away from there.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.74338 of 2023(3) dt.12-02-2024 2/3 petitioner is innocent and has falsely been implicated in this case due to previous enmity. Petitioner has no criminal antecedent. He is in custody since 21.02.2023. He further submits that after Fardbeyan informant has never turned up for reinstatement of the I.O. and the prosecution case seems to be doubtful. Charge-sheet has already been submitted in this case. There is no chance of tampering with the evidence or absconding of the petitioner. Similarly situated co-accused, namely, Dhrub Singh @ Dhrub Kumar @ Dhruv Kumar has already been granted bail by a Co-ordinate Bench of this Court, vide order dated 12.05.2023 passed in Cr. Misc. No. 18080 of 2023. Learned counsel for the petitioner further submits that independent witnesses have not supported the case of the prosecution with respect to the allegation against the petitioner.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in
Patna High Court CR. MISC. No.74338 of 2023(3) dt.12-02-2024 3/3 connection with Bihpur (Bhawanipur) P.S. Case No. 470 of 2022.
(Sunil Dutta Mishra, J) rakhi/- U T