Sudhir Sharma @ Bhuwar Sharma @ Sudhir Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63156 of 2023 Arising Out of PS. Case No.-116 Year-2022 Thana- JALALPUR District- Saran ====================================================== Sudhir Sharma @ Bhuwar Sharma @ Sudhir Kumar Sharma Son Of Late Omprakash Sharma Resident Of Village- Bhatkeshri, Ps- Jalalpur, DisttChhapra Saran. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner seeks bail in connection with Jalalpur P.S. Case No. 116 of 2022 registered for the offence punishable under Sections 342, 307/34 of the Indian Penal Code.

3. The accused/petitioner named in the FIR and is in custody since 13.06.2023.

4. Allegation against the petitioner is to open fire upon the informant along with other co-accused persons causing firearm injuries on both thigh.

5. It is submitted by learned counsel for the petitioner that allegation as to cause fire-arm injuries is specific against co-accused namely Mani Bhushan Pandey and Mannu Singh,

Patna High Court CR. MISC. No.63156 of 2023(2) dt.06-10-2023 2/2 where no overt act attributed to this petitioner. It is submitted that petitioner has been falsely implicated out of local dispute and differences. While concluding argument, it is submitted that the investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of above-mentioned facts and circumstances and by taking note of fact as allegation of firing is not available against this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 13.06.2023, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - XIII, Saran at Chapra in connection with P.S. Case No.Jalalpur P.S. Case No. 116 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/RajeevU T