Piyush Sharma @ Vishwajit Piyush @ Piyush Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51077 of 2023 Arising Out of PS. Case No.-480 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Piyush Sharma @ Vishwajit Piyush @ Piyush Raj Son Of Janeshwar Sharma Resident Of Village- Sahugarh Diwani Kataiya Tola, Ward No. 15, PsMadehpura, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Bhardwaj For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506, 354(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged against the petitioner that he along with two accused persons came on a motorcycle and called the husband of the informant. When the informant's husband came out from the house, the petitioner fired at him, as a result of which, the bullet hit

Patna High Court CR. MISC. No.51077 of 2023(3) dt.30-08-2023 2/3 into the neck of the husband of the informant. The petitioner also assaulted with the butt of the pistol to the informant and her son when they came to save the victim.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 23.05.2022 at 8:30 p.m, the F.I.R was registered on 24.05.2022 at 6:15 p.m without explaining the delay. Nothing has been recovered from the conscious possession of the petitioner. The informant is not the eye witness to the occurrence. The petitioner is languishing in custody since 18.01.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that he shot at the husband of the informant, as a result of which, he sustained gunshot injuries. The medical report of the

Patna High Court CR. MISC. No.51077 of 2023(3) dt.30-08-2023 3/3 victim corroborates the case of the prosecution. The independent witnesses also supported the case of the prosecution.

Considering the fact that there is specific accusation against the petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected. The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T