Bablu Sharma @ Binay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30930 of 2016 Arising Out of PS.Case No. -138 Year- 2015 Thana -SAHKUND District- BHAGALPUR ====================================================== Bablu Sharma @ Binay Sharma son of Madhu Sharma resident of VillageDiwakar Kitta, P.S. Sahkund, District- Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Shahkund P.S. Case No. 138 of 2015, G.R. No. 2717 of 2015 for the offences instituted under Sections 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is of firing upon the left side of the chest of the informant. The informant claimed to have recognized the petitioner and also given the name of the other co-accused persons who were standing on the earth. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.04.2016. The charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.30930 of 2016 (3) dt.15-09-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is admitted land dispute between the parties. It is further submitted that the petitioner may be released after completion of 9 (nine) months in custody i.e. from 24.04.2016.

On behalf of the state it has been submitted that the petitioner is named in the F.I.R. and he is alleged to have caused injury on the thigh of the victim.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released after completion of 9 (Nine) months in custody i.e. from 24.04.2016 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 S.D.J.M., Bhagalpur, in connection with Shahkund P.S. Case No. 138 of 2015, G.R. No. 2717 of 2015.

(Sudhir Singh, J.) Amit/- U T