Kabindra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43677 of 2024 Arising Out of PS. Case No.-320 Year-2023 Thana- KARPI District- Jehanabad ====================================================== Kabindra Sharma S/O Lalan Sharma R/O Village-Aiyara,P.S.-Karpi,DisttArwal(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Jha, Adv For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 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 Karpi P.S. Case No. 320 of 2023 dated 02.09.2023 registered for the offences punishable u/s 307 read with section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and coaccused person along with one unknown miscreant holding pistol stopped the motorcycle of the informant and the coaccused Bablu Sharma opened fire from his pistol which hit below the shoulder in the left side of chest due to which he sustained severe injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43677 of 2024(2) dt.08-07-2024 2/2 this case. There is specific allegation against the co-accused Bablu Sharma. There is general and omnibus allegation against the petitioner. The petitioner has three antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.09.2023.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Arwal in connection with Karpi P.S. Case No. 320 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

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