Etwari Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79816 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- ALAMNAGAR District- Madhepura ====================================================== Etwari Sharma S/O Sakichan Sharma @ Sakhichand Sharma @ Sakhichandra Shrma R/o Village- Lalia (Kapsia), P.S.- Alamnagar (Ratwara O.P.), DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Alamnagar (Ratwara O.P.) P.S. Case No. l66 of 2024 instituted for the offences under Sections 302, 120B of the Indian Penal Code and 27 of the Arms Act.

3. Prosecution case, in short, is that, on opposition to a road construction project in Ward No. 12, the accused including the petitioner encircled the informant's brother, namely, Mukesh Kumar Singh @ Munna and shot him, while other accused persons brutally assaulted him with sharp weapons, causing his death on the spot.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.79816 of 2024(3) dt.19-02-2025 2/2 Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. There is no specific allegation of firing against this petitioner. Petitioner is only a member of mob. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.04.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no specific allegation against the petitioner of assaulting or firing upon the deceased, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Alamnagar (Ratwara O.P.) P.S. Case No. l66 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T