Rajiv Kumar Sharma @ Rajiv Sharma @ Rajeev Kumar Sharma @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87664 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Rajiv Kumar Sharma @ Rajiv Sharma @ Rajeev Kumar Sharma @ Chhotu, Son of Late Deepak Sharma, Resident of Village - Mohalla - Maniya Chauraha, P.S. - Kasim Bazar, District - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amritesh Kumar, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-03-2025 Heard Mr. Amritesh Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.
2. The petitioner has prayed for bail in connection with Sessions Trial No. 251 of 2024 arising out of Kasim Bazar P.S. Case No. 90 of 2024 registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code. 3.The case of the prosecution is that one Raja Kumar has threatened the son of the informant, namely, Vicky Sharma of dire consequences as he has married his mother. Nine days prior to 22.03.2024, Soni Devi, the mother of Raja Kumar has died due to heart attack. On this, Raja Kumar threatened Vicky Sharma of dire consequences.Vicky Sharma was underground
Patna High Court CR. MISC. No.87664 of 2024(3) dt.21-03-2025 2/3 from 16.03.2024. On 22.03.2024, the informant got information that a dead body found in a well of Sanjay Mandal. When he went there, he found the dead body of his son Vicky Sharma.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the F.I.R., it transpires that the main thrust of allegation is against Raja Kumar. During course of investigation, Raja Kumar has given his confessional statement. In his confessional statement, he has named this petitioner. Learned counsel for the petitioner has further submitted that the petitioner is deaf and dumb and in confessional statement, the only role attributed to the petitioner is that he has helped the main assailant Raja Kumar in concealing the dead body. No other overt act is attributed. That much is only on the basis of confessional statement. No direct evidence is there. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 23.03.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.87664 of 2024(3) dt.21-03-2025 3/3 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 District and Sessions Judge-II, Munger in connection with Sessions Trial No. 251 of 2024 arising out of Kasim Bazar P.S. Case No. 90 of 2024.
(Ashok Kumar Pandey, J) lata/- U T