Bablu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5644 of 2024 Arising Out of PS. Case No.-299 Year-2022 Thana- KARPI District- Jehanabad ====================================================== Bablu Sharma Son of Late Dinesh Sharma Resident of Village - Aiaraa, Police Station - Karpi, District - Arwal ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Ram Ekbal Ram Son of Ganauri Das Resident of Village - Gadopur, Police Station - Karpi, District - Arwal.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Manoj Kumar, Advocate For the Respondent/s :
Mr. Sadanand Paswan, SPP For the Respondent No.2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State. Perused the case diary. None appears on behalf of the O.P. No.2 despite notice being validly served.
2. The instant appeal has been filed by the appellant against the order dated 20.05.2024 passed by ADJ-1 cum Special Judge, SC/ST, Jehanabad whereby the prayer for bail of the appellant in connection with SC/ST Case No. 38 of 2023 arising out of Karpi P.S. Case No. 299 of 2022 under Sections 302, 201/34 of the IPC, Section 27 of the Arms Act and Sections 3(1)(r)(s), 3(2)(va) of SC/ST Act was rejected. 3.The prosecution case, in short, is that, on the alleged
Patna High Court CR. APP (SJ) No.5644 of 2024(5) dt.27-06-2025 2/3 date and time, the son of the informant had gone to the house of the Sonu Sharma to attend tilak ceremony but he did not return till next morning. It is further alleged that next morning the dead body of the son of the informant was found lying in the land of Jhabbu Sharma. The informant believes that his son has been murdered by the appellant and other co-accused persons.
4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case due to local village politics. Informant is not the eye-witness to the occurrence. Learned counsel further submitted that, as a matter of fact, the deceased had come to the house of Sonu Sharma to work in tilak ceremony and not to work in the house of the apppellant. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view, hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 21.03.2023 and has two criminal antecedents.
5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant, stating that the dead body of the deceased was
Patna High Court CR. APP (SJ) No.5644 of 2024(5) dt.27-06-2025 3/3 recovered from the house of the appellant and several witnesses have supported the prosecution case. Learned counsel further submitted that the prayer for grant of bail to co-accused person has already been rejected by this Court vide order dated 02.05.2024 passed in Cr. Appeal (SJ) No. 3814 of 2023.
6. Considering the aforesaid facts and circumstances of the case as also there being ample material against the appellant to show his involvement in the alleged offence, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, the present appeal is dismissed. (Rudra Prakash Mishra, J) Alok Verma/- U T