Single judge order of Patna High Court granting bail to a petitioner accused of murder, permitting removal of defects within four weeks.
Petitioner released on bail with Rs. 10,000 bond and two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16711 of 2022
Arising Out of PS. Case No.-251 Year-2020 Thana- SALAKHUA District- Saharsa
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Mukesh Sharma Son Of Shyam Sundar Sharma @ Shyamsundra Sharma R/O Village- Lalpur, Sugma, P.S.- Salkhua, District- Saharsa
... ... Petitioner/s
Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Rashmi Jha, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 30-08-2022
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.
According to prosecution case, in short, is that the informant has submitted a written statement before the police alleging therein that 9 years ago, his sister Khusboo was married with Madan Sharma who resides in Delhi to earn his livelihood and his sister resides in Village with her children. On 14.11.2020 the F.I.R. named persons namely Pinki Devi, Umesh Sharma, Ratqan Sharma, Mithilesh Sharma, Mukesh Sharma
Patna High Court CR. MISC. No.16711 of 2022(3) dt.30-08-2022 2/3
(petitioner) and Challangi Sharma alongwith 4-5 unknown persons alleged to have killed the sister of the informant and this information was given to him by his “Bhanja” namely Rajdeep Kumar on mobile phone on 15.11.2020.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case only on the basis of suspicion. He further submits that the allegation as alleged in the F.I.R. does not support the postmortem report. He further submits that there is no eye witness of the alleged occurrence and in fact the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Pinki Devi and Umesh Sharma have been granted bail by a co-ordinate Bench of this Court vide order dated 21.08.2021 passed in Cr. Misc. No. 30363 of 2021. The petitioner is in custody since 28.12.2021.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court
Patna High Court CR. MISC. No.16711 of 2022(3) dt.30-08-2022 3/3
below where the case is pending in connection with Salkhua P.S. Case No. 251 of 2020, subject to the following conditions:-
(Rajesh Kumar Verma, J)
rakeshkr/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving offences punishable under Section 302 IPC?
Mukesh Sharma
The State of Bihar
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
