Anshu Sharma Vs. the State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 4551 of 2013 Anshu Sharma ... Petitioner Versus The State of Jharkhand ... Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr.N.K.Pasari, Advocate. For the State : A.P.P. ------ 4/ 20.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused in connection with Bariatu P.S. Case No. 290 of 2011 corresponding to G.R. No. 4303 of 2011, S.T No.927 of 2012 for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code, read with Section 27 of the Arms Act. The case relates to murder of one Amit Singh and the petitioner was seen by the informant, the brother of the deceased at the place of occurrence with firearm. It is apparent from the FIR that the informant is not an eyewitness to the occurrence of murder, rather he reached soon after the occurrence and he saw the petitioner and the other co-accused armed with firearms, who fled away. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and in the similar circumstances, the other co-accused namely Lav Kush Sharma, who was also alleged to be present with the fire arm, has been granted bail by order dated 9.11.2012 in B.A No. 7677 of 2012. Learned counsel for the petitioner has accordingly, prayed for bail. Learned counsel for the State, on the other hand, though has opposed the prayer for bail, but upon going through the case diary, he has submitted that there is nothing specific against the petitioner except what is stated in the FIR. In the facts of this case, I am inclined to enlarge the petitioner, Anshu Sharma on bail. Accordingly, the petitioner, named above, is directed to 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 learned Additional Judicial Commissioner-XIII, Ranchi, in connection with Bariatu P.S. Case No. 290 of 2011 corresponding to G.R. No. 4303 of 2011, S.T No.927 of 2012. ( H. C. Mishra, J.) BS/