Naresh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1011 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Naresh Sharma S/o Late Janki Sharma R/v-Jagdishpur Bazar, P.SAlamnagar,Dist.-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Alamnagar P.S. Case No. 194/2018 registered for the offence punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in her written complaint has alleged that F.I.R. named accused surrounded her husband and accused no.1 ordered to kill him upon which allegation against the petitioner and other accused nos.5 to 7 are to catch hold of his hand and allegations against accused nos.2 and 3 is of firing two shots from their pistol resulting in his death.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to dispute between the parties and there is no allegation of any

Patna High Court Cr.Misc. No.1011 of 2019(3) dt.06-02-2019 2/2 firing being made by the petitioner. Petitioner has got no criminal antecedent and is in custody since 08.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., UdaKishunganj, District, Madhepura in connection with Alamnagar P.S. Case No. 194/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T