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Patna High CourtCR. MISC./6514/2023allowed

Sadhu Sharma @ Pramod Sharma v. The State Of Bihar

2023-07-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6514 of 2023 Arising Out of PS. Case No.-88 Year-2010 Thana- KARPI District- Jehanabad ====================================================== SADHU SHARMA @ PRAMOD SHARMA Son of Jai Kishor Sharma Resident of Village- Orbigha, P.S.- Banshi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 307/34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, informant being the owner of bus has alleged that when he was parking the bus near the shop of Pappu Sao and sat on the chauki, in the meantime, three miscreants are said to have opened fire which hit the left side of stomach and below the right knee and he anyhow confined himself in the shop.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye-witness of the alleged occurrence. Name of the

Patna High Court CR. MISC. No.6514 of 2023(3) dt.05-07-2023 2/2 petitioner transpired during investigation. Save and except suspicion, nothing has come against the petitioner to suggest his complicity in the present case. Similarly situated other accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 20.5.2011 passed in Cr. Misc. No. 4359 of 2011. Petitioner is languishing in judicial custody since 16.6.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Arwal in connection with Karpi P.S. Case No. 88 of 2010. (Sunil Kumar Panwar, J) sushma/- U