Akhlesh Sharma @ Akhilesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43279 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Akhlesh Sharma @ Akhilesh Sharma S/o Sudhir Sharma R/o VillageKabaiya, Ward No., 10, P.S.- Udakishunganj, Distt-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-10-2024 Heard Mr. Nafisuzzoha, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Udakishunganj P.S. Case No. 78 of 2024, F.I.R. dated 09.03.2024 for the offences punishable under Section 27 of the Arms Act.

3. According to prosecution case, this petitioner was carrying a pistol in his pocket and at the time of dancing, the informant's son, namely, Vidya Kumar sustained gunshot injury as the bullet fired from the petitioner's firearm.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that as per the

Patna High Court CR. MISC. No.43279 of 2024(3) dt.26-10-2024 2/2 allegation in the F.I.R., the petitioner has fired upon the victim where he also received injury. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. Learned Additional Public Prosecutor on the basis of material available on record and case diary has vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the injury report of the victim, namely, Vidya Kumar, is is clear that a "Metallic foreign body (bullet) was extracted from lateral aspect of middle left thigh" which means he has received bullet injury. Apart from that the victim was supported the case of the prosecution.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Udakishunganj P.S. Case No. 78 of 2024 pending in the court of Additional Chief Judicial Magistrate , Udakishunganj at Madhepura.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T