Mukesh Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83139 of 2023 Arising Out of PS. Case No.-141 Year-2019 Thana- JADIA District- Supaul ====================================================== Mukesh Kumar Sharma Son Of Parmeshwari Sharma @ Prarmeshwari Mistri Resident Of Village - Patuaha, Police Station - Saharsa, District - Saharsa ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 147, 148, 149, 450, 341, 342, 326, 307, 120B of the Indian Penal Code and Section 27 of the Arms Act and later on Section 302 IPC was added.

3. As per allegation in the FIR, on 8.8.12019, while the informant was cleaning her house, she heard the crying sound of her husband and went near him and found two fire arm injury upon him. She further stated that seven accused persons fled away by three motorcycle with making air firing. Later on informant's husband died.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.83139 of 2023(4) dt.19-03-2024 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is not named in the FIR. No specific allegation of killing of deceased is not against the petitioner. He was not put on T.I. parade as yet. During investigation, his name appeared in confessional statement of co-accused Rupesh Yadav. Save and except his confessional statement nothing has come directly or indirectly against the petitioner. Petitioner is languishing in judicial custody since 22.09.2022.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional Sessions Judge-1st Supaul in connection with S.T. No. 82 of 2023 arising out of Jadia P.S. Case No. 141 of 2019. (Sunil Kumar Panwar, J) sushma/- U