Manoranjan Sharma @ Manoranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76892 of 2023 Arising Out of PS. Case No.-466 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== MANORANJAN SHARMA @ MANORANJAN KUMAR Son of Madan Sharma R/o Mohalla - Magadh Colony, Road no. 2, P.S. - Magadh Medical (M.M.C.H.) Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307, 326, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act but later on added Section 302 of the IPC.
3. As per prosecution case, the informant alleged that her son was married to one Sunita Kumari and after the marriage her son and her daughter-in-law started assaulting the informant and another son Dipu. After marriage she started living in her maike during which she got a computer operator job in Civil Line, Gaya. In the fear informant and her son Ashutosh stayed at Gaya, when her younger son Dipu departed
Patna High Court CR. MISC. No.76892 of 2023(2) dt.04-12-2023 2/3 for Pali by his bike on 17.07.2023 and for killing Dipu contract killer was already planted in the way and when her son reached near petrol pump he was shot by unknown persons due to which he fainted on the ground and later on he died.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. He submitted that during investigation the confessional statement of the petitioner was taken in which he has narrated that the said Girdhar Kumar called the deceased and when the deceased came the said Girdhar Kumar came from the car and shot the deceased from behind due to which the deceased died. He also submitted that on perusal of the entire confession also it is apparent that even the entire investigation is concerned the role played by the petitioner is nothing more than his appearance and all of the act has been executed by named accused Girdhari Kumar. The another accused arrested during the investigation i.e., Prashant Kumar and he has also narrated the same thing this completely over shadow the implication of the petitioner in the present case. There is no specific overt act against the petitioner. He is languishing in judicial custody since 05.08.2023.
5. The application for bail is opposed by learned APP
Patna High Court CR. MISC. No.76892 of 2023(2) dt.04-12-2023 3/3 for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya in connection with Belaganj P.S. Case No. 466 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T