Chulhai Sharma @ Gulab Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26074 of 2020 Arising Out of PS. Case No.-262 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== CHULHAI SHARMA @ GULAB SHARMA Son of Tej Narayan Sharma Resident of Hulas Village, P.S.- Raghopur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the State :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 402, 353, 307, 414 of the Indian Penal Code and 25(1-b)a/26/35/27 of the Arms Act.

Allegedly, on the secret information of hiding the miscreants involved in Muthoot Finance, Vaishali at Hajipur

Patna High Court CR. MISC. No.26074 of 2020(2) dt.13-10-2020 2/3 reached to Hulas Village.. While the police reached near the residence of Chulhai Sharma (petitioner), the accused persons started firing. The police asked them to surrender and stop firing but the said people kept on firing. In self-defence, the police made counter firing. After stoppage of firing, police arrested three persons. It was known that some persons fled away.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is in custody since 11-12-2019. Charge sheet/Prosecution report in this case has already been submitted. The petitioner resides in a joint house. The motorcycle is said to have been recovered from the joint house of the petitioner. There is no recovery of any incriminating article from possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on

Patna High Court CR. MISC. No.26074 of 2020(2) dt.13-10-2020 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur (Supaul) in connection with Raghopur P.S. Case No. 262 of 2019. (Sudhir Singh, J) A.K.V.//- U T