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Patna High CourtCR. MISC./46524/2024bail rejected

Shailesh Sharma v. The State Of Bihar

2024-10-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46524 of 2024 Arising Out of PS. Case No.-647 Year-2023 Thana- MASAUDHI District- Patna ====================================================== SHAILESH SHARMA SON OF RAMESH SHARMA RESIDENT OF VILLAGE - BERRA, POLICE STATION - MASAURHI IN THE DISTRICT OF PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar , Advocate For the Opposite Party/s :

Mr. Pranav Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 302, 506/34 of the Indian Penal Code and section 27 of the Arms Act. 3 . As per the prosecution case , this petitioner along with other co-accused person are alleged to have shot fire upon the father of the informant due to which he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case . Specific accusation of firing is against co-accused Risabh Kumar. So far as this petitioner is concerned, he is only alleged to be present at the place of occurrence . It is further submitted

Patna High Court CR. MISC. No.46524 of 2024(3) dt.04-10-2024 2/2 that as a matter of fact, petitioner is own brother of deceased and due to land dispute he has been made accused in this case . Petitioner claims clean antecedent.

5 . Learned counsel for the State opposes the prayer for bail and submits that petitioner is named in the F.I.R. with specific allegation that this petitioner along with other killed the father of informant by gun shot and informant is eye witness of the alleged occurrence .

6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T