Patna High CourtCR. MISC./39133/2025bail granted

Kanhai Sharma v. The State Of Bihar

2025-07-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39133 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- Mabby District- Darbhanga ====================================================== Kanhai Sharma S/o Dil Kumar Sharma R/o Village- Bariaulo, P.S.- Mabbi (Sadar), Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mabbi P.S. Case No. 15 of 2025 dated 06.02.2025 registered for the offences punishable u/ss 115(2), 118(1), 126(2), 352, 351(2) and 189(4) of the B.N.S. and Sections 25(1-B)(a), 26 and 25 of the Arms Act.

3. As per the prosecution case, when the informant was at his shop then the petitioner and the co-accused persons along with 5-6 unknown persons reached his shop on three motorcycles with pistol, lethal weapons and surrounded the shop of the informant, in the meantime, the co-accused, Dil Kumar Sharma ordered the petitioner to shoot him. Thereafter,

Patna High Court CR. MISC. No.39133 of 2025(2) dt.07-07-2025 2/3 the petitioner pointed his pistol on the temple of the informant and also assaulted him with the butt of pistol on chest, shoulder and the neck of the informant. The accused persons tried to kill him but the informant saved himself anyhow. Police reached the place of occurrence and on seeing police, the accused persons started to flee away but one miscreant, Kanhai Sharma (petitioner) was apprehended. On search, a loaded country made pistol along with live cartridges and a mobile phone were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.39133 of 2025(2) dt.07-07-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Mabbi P.S. Case No. 15 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T