Sonu Sharma @ Sonoo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56980 of 2024 Arising Out of PS. Case No.-320 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== SONU SHARMA @ SONOO SHARMA SON OF SHIVJI SHARMA RESIDENT OF MOHALLA - BHARTIYA NAGAR, WARD NO. 26/35, P.S. AND DISTRICT - SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-10-2024 Heard learned Counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 320 of 2024, registered for the alleged offences under Sections 341, 323, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the petitioner and his coaccused father forbade the informant from putting fence on a temple and some altercation took place between two sides. Thereafter, the petitioner returned with 5-6 miscreants and opened fire at the doors of the house of the informant and two shots hit the daughter of the informant in her right hand.

Patna High Court CR. MISC. No.56980 of 2024(3) dt.26-10-2024 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is a counter version and the co-accused father of the petitioner has lodged Complaint Case No. 329 of 2024 against the informant of this case and his family members for committing offences under Sections 307, 379, 380, 324 and other incidental sections of the Indian Penal Code and Section 27 of the Arms Act. Learned Counsel further submits that the injury report shows lacerated wounds on the hand and middle finger of right hand and the injuries are stated to be simple in nature. The petitioner is in custody since 09.04.2024 and chargesheet has been submitted. The petitioner is having antecedent of one case and he is on bail in the said case.

5. The learned A.P.P. opposes the submission made on behalf of the petitioner and vehemently submits that the daughter of the informant received two fire-arm injuries in her right hand.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering submission of charge sheet and period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.56980 of 2024(3) dt.26-10-2024 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 320 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Neha/- U T