Shyam Kishore Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1300 of 2025 Arising Out of PS. Case No.-24 Year-2024 Thana- JEHANABAD RAIL P.S. District- Patna ====================================================== Shyam Kishore Sharma S/O Ajay Kumar Village- Bhakhadi PS- Dhanarua District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with G.R.P. Jehanabad (Taregana) P.S. Case No. 24 of 2024, instituted for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that, father of the informant was shot by some unknown miscreants in train. The miscreants escaped by jumping off the slowly moving train. Despite efforts to get medical help, his father was declared dead at the hospital.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.1300 of 2025(3) dt.08-04-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Prince Kumar and the same has got no evidentiary value. It is further submitted that on the date of alleged occurrence, the deceased was accompanied by his son who is the informant and the petitioner but the informant has not uttered anything implicating against the petitioner. The petitioner is in custody since 22.08.2024 and has got one criminal antecedent in which he is on bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.1300 of 2025(3) dt.08-04-2025 3/3 below/concerned Court in connection with G.R.P. Jehanabad (Taregana) P.S. Case No. 24 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T