Patna High CourtCR. MISC./74490/2023bail granted

Rahul Sharma @ Rahul Kumar Sharma v. The State Of Bihar

2024-02-27Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74490 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== RAHUL SHARMA @ RAHUL KUMAR SHARMA Son of Lala Sharma R/o village - Ratbasa, Police Station - Kalyanpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Warisnagar P.S. Case No. 208 of 2022 registered for the offence under Section 147, 148, 149, 341, 342, 302, 504, 506, 120B of the Indian Penal Code.

3. As per the prosecution case, 11 named and 1015 accused persons are said to have assaulted the deceased.

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 there are general and omnibus allegation against all the accused persons and the post-mortem report does not support the prosecution case.

5. It is also submitted by the learned counsel for

Patna High Court CR. MISC. No.74490 of 2023(3) dt.27-02-2024 2/2 the petitioner that the petitioner is in jail since 26.06.2023.

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

7. Considering the aforesaid fact, this application is allowed.

8. Let the petitioner, above named, be released on bail after framing of charge if the charge has not been framed yet on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Samastipur in connection with Warisnagar P.S. Case No. 208 of 2022.

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