Shivchandra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42888 of 2022 Arising Out of PS. Case No.-74 Year-2021 Thana- GAMAHARIYA District- Madhepura ====================================================== SHIVCHANDRA SHARMA S/O LATE JAGDISH SHARMA Resident of Kamargama, Ward No- 04, P.S.- SIngheshwar, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Gamhariya P.S. Case No. 74 of 2021 registered for the offence under Sections 323, 379, 307, 506 of the Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, the petitioner entered into a conspiracy with co-accused persons and in furtherance of this conspiracy, the son of the informant was shot at by co-accused namely, Suman Kumar while he was going with the informant. The occurrence took place in the background of dispute over marriage of daughter of the petitioner with the son of informant which was resented by the petitioner and other co-accused persons.

Patna High Court CR. MISC. No.42888 of 2022(3) dt.04-01-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner has falsely been implicated in this case on false presumption that he along with co-accused were against the marriage of his daughter. It is apparent from FIR that the specific allegation of firing upon son of the informant is against co-accused Suman Kumar not against this petitioner. The injury report of the informant's son shows that it has been prepared eight hours prior to the alleged time of occurrence. The nature of injury is stated to be simple. Petitioner has got no criminal antecedent. Similarly situated co-accused namely, Ranjeet Kumar has already been granted bail by a co-ordinate bench of this court vide order dated 18.11.2022 in Cr. Misc. No. 43894 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 1.5.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gamhariya P.S. Case No. 74 of 2021 on furnishing bail bond of

Patna High Court CR. MISC. No.42888 of 2022(3) dt.04-01-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Madhepura. (Sunil Kumar Panwar, J) amandeep/- U T