Shailo Sharma @ Shailendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53997 of 2025 Arising Out of PS. Case No.-405 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Shailo Sharma @ Shailendra Sharma S/o Late Suraju Sharma Resident of Village- Kolwara, P.S.- Parbatta (Maraya), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parbatta (Maraya) P.S. Case No. 405 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner has fired upon son of the informant due to which he sustained injury on his left shoulder.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.53997 of 2025(2) dt.12-08-2025 2/3 possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of eight days in lodging the FIR. The petitioner has not fired upon informant's son rather someone else has made harsh firing due to which the informant and the injured have hatched this story and have falsely implicated the petitioner in this case. The petitioner is in custody since 08.01.2025 and has got one criminal antecedent in which he has been acquitted.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parbatta (Maraya) P.S. Case No. 405 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.53997 of 2025(2) dt.12-08-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T