Mritunjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37684 of 2020 Arising Out of PS. Case No.-320 Year-2019 Thana- KAKO District- Jehanabad ====================================================== Mritunjay Sharma, Age 35 years, Male, Son of Ram Prakash Sharma, Resident of Village Lodipur, Police station - Hulasganj, District - Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Sharma, Senior Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-02-2021 Learned counsel for the petitioner seeks permission to make correction in the first paragraph of the bail petition and the prayer portion of the bail petition with regard to the court in seisin of the case.

Heard Mr. Rama Kant Sharma, the learned Senior Counsel for the petitioner and Mr. B.N. Pandey, the learned Additional P.P.

The petitioner seeks bail in Kako P.S. Case No.320 of 2019, registered under Sections 341, 324, 326, 307, 504 and 506 of the Indian Penal Code and under Section 27 of the Arms Act. The informant alleged that the petitioner after some verbal altercation fired which hit in the thigh of the informant. Learned Senior counsel for the petitioner submits that the injury caused by firearm is simple in nature. The petitioner is

Patna High Court CR. MISC. No.37684 of 2020(2) dt.09-02-2021 2/2 in jail since 10.07.2020. The petitioner has already remained in jail for about seven months. It is further submitted that the informant and petitioner are neighbour and the case has been compromised. The petitioner has got criminal antecedents but most of the cases are registered under Section 379 of the Indian Penal Code. Out of six cases, only two cases are registered under the Arms Act and under Section 307 of the Indian Penal Code. One case is registered under Bihar Prohibition and Excise Act.

Taking into consideration the facts and nature of allegations made against the petitioner and the fact that the informant got simple injury for that the petitioner is in jail for about seven months, petitioner, namely, Mritunjay Sharma is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Jehanabad in connection with Kako P.S. Case No.320 of 2019, subject to the condition that one of the bailors shall be close relative of the petitioner.

(Prabhat Kumar Jha, J) S.KUMAR/- U T