Nand Gopal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10631 of 2025 Arising Out of PS. Case No.-70 Year-2024 Thana- SIMRI District- Buxar ====================================================== Nand Gopal Sharma S/O Late Srikishun Sharma @ Kishun Sharma Resident of village - Niyajipur, P.S- Simari, District.- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S. Tr. No. 243/2024 arising out of Simari P.S. Case No. 70 of 2024 dated 05.03.2024 registered for the offences punishable u/ss 307 read with Section 34 of the Indian Penal Code and Sections 25(1) and 27 of the Arms Act.

3. As per the prosecution case, the informant and his grandson went to see marriage ceremony in the village, at that time, the petitioner was making celebratory firing with country made katta then the other co-accused took the said katta from the hand of the petitioner and fired on the grandson of the informant with intention to kill him which hit his left side of stomach due to

Patna High Court CR. MISC. No.10631 of 2025(2) dt.19-03-2025 2/3 which he sustained injury. Thereafter, the injured was taken to the hospital for treatment and during the course of treatment, he died.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the specific allegation against the co-accused, Mangru Sharma who fired on the informant's grandson due to which he sustained injury in his stomach. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the bail petition of the petitioner was earlier rejected by this court vide order dated 03.07.2024 passed in Cr. Misc. No. 43478 of 2024.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with S.Tr. No. 243/2024 arising out of

Patna High Court CR. MISC. No.10631 of 2025(2) dt.19-03-2025 3/3 Simari P.S. Case No. 70 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

(ii) The petitioner is directed to cooperate the trial before the learned court below.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T