Vijay Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38272 of 2025 Arising Out of PS. Case No.-427 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== VIJAY KUMAR SHARMA Son of SHIVNATH THAKUR R/O VILLBAKSAMA, WARD NO-7, PS-KATAHARA OP, GORAUL, DISTVAISHALI, BIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar Singh, Adv For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Sakra P.S. Case No. 427 of 2024 registered for the offences under Sections 109 and 309(5) of the Bharatiya Nyaya Sanhita & Sections 25(1-B)A, 26, 35 and 37 of the Arms Act.
3. The petitioner is not named in the F.I.R. and is in custody since 10.03.2025.
4. As per FIR two miscreants by overtaking the motorcycle of the informant snatched chain from his wife, upon protest fire was opened by miscreants which hit to one of the co-accused, whereafter, public gathered at the place of
Patna High Court CR. MISC. No.38272 of 2025(2) dt.19-08-2025 2/3 occurrence and called police, consequent upon accused persons fled away from the place of occurrence leaving their countrymade pistol on spot itself.
5. Learned counsel appearing on behalf of the petitioner submitted that in connivance with local police petitioner was implicated falsely with the present case, who is otherwise having a small furniture business. It is also pointed out that the injured co-accused has already granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 11220 of 2025 dated 06.03.2025. While concluding the argument it is submitted that investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking note of fact as during the occurrence prima-facie no injury was caused to petitioner rather it was caused to coaccused person, coupled with the fact as petitioner remains in custody since 10.03.2025, accordingly above named
Patna High Court CR. MISC. No.38272 of 2025(2) dt.19-08-2025 3/3 petitioner, is directed to be released on bail in connection with Sakra P.S. Case No. 427 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XV, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T