Suman Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80209 of 2023 Arising Out of PS. Case No.-235 Year-2023 Thana- AMAUR District- Purnia ====================================================== 1.

Suman Kumar Sharma Son Of Late Mahesh Sharma Resident Of Sirotol Ward No.- 5, P.S. - Amour, District - Purnea 2.

Karan Kumar Sharma Son of Late Mahesh Sharma Resident of Sirotol Ward No.- 5, P.S. - Amour, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioners, informant and learned A.P.P appearing on behalf of the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It is a case of commission of murder of the husband of the informant.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The informant is not

Patna High Court CR. MISC. No.80209 of 2023(3) dt.15-01-2024 2/3 the eye witness to the occurrence. There is a land dispute between the parties. The postmortem report is not in consonance with the prosecution case as the informant claims that her husband was killed by sharp cut weapons but the postmortem report suggests the injuries due to firearm. Moreover, during investigation, no consistent material evidence was collected against the petitioners to connect them in the present case. The petitioners are languishing in custody since 25.07.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like

Patna High Court CR. MISC. No.80209 of 2023(3) dt.15-01-2024 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Amour P.S. Case No. 235 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T