Vivek Sharma @ Vivek Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40438 of 2021 Arising Out of PS. Case No.-734 Year-2020 Thana- MASAUDHI District- Patna ====================================================== VIVEK SHARMA @ VIVEK RAJ Son of Babloo Sharma Resident of Bhimpura, P.S.- Masaurhi, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Mritunjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-04-2022 Heard Mr. Ramakant Sharma, learned senior counsel for the petitioner and Mr. Yogendra Kumar, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Masaurhi P.S. Case No. 734/2020 registered for the offences punishable under Sections 307, 120-B and 341 of the Indian Penal Code 1860.

The allegation, as per the First Information Report, is that while the informant was going on his Motorcycle along with his friend, they were accosted by the two persons including the petitioner who fired upon them, due to which, the informant and the pillion rider received

Patna High Court CR. MISC. No.40438 of 2021(3) dt.19-04-2022 2/3 firearm injuries.

Learned senior counsel for the petitioner submits that the petitioner has been implicated in this case due to village rivalry. He further submits that the petitioner is in custody since 11.12.2020 and charge sheet has already been submitted. He next submits that though the injuries caused to the informant and others have been discussed in the case diary, but the Doctor has reserved his opinion and from perusal of the injury report, it would be evident that lacerated wound of pea nut size have been found on some parts of the body.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 11.12.2020, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.40438 of 2021(3) dt.19-04-2022 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi, in connection with Masaurhi P.S. Case No. 734 of 2020 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) S.Ali/- U T