Vijendra Kumar @ Golu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17550 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== VIJENDRA KUMAR @ GOLU SHARMA SON OF VIJAY KUMAR @ VIJAY SHARMA R/O VILLAGE- CHATURI PUNAS, ABDUL NAGAR @ MADHOPUR, P.O.- MUZAFFARPUR, P.S.- AHIAPUR, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prasoon Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 324, 326, 337, 307 and 34 of the Indian Penal Code and Sections 25(1-b)a, 35 and 27 of the Arms Act.

The allegation against the petitioner along with others is of firing upon the informant's right thigh due to which he sustained injury. It is further alleged that the co-accused Golu Dubey fired by his pistol upon Ram Kishore Gupta due to which he sustained gun-shot injury, thereafter all accused persons fled away.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.17550 of 2023(2) dt.17-04-2023 2/2 that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that from the perusal of the FIR, there is no specific allegation of firing against the petitioner rather the specific overt act of opening fire is attributed to co-accused Golu Dubey, due to which the informant sustained injury. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 17.01.2023. 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 C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No. 46 of 2023.

(Sunil Kumar Panwar, J) arish/- U T