Arjun Sharma @ Arjun Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78242 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- RANIGANJ District- Araria ====================================================== ARJUN SHARMA @ ARJUN KUMAR SHARMA Son of Late Bisheshwar Sharma Resident of Village- Belsara Got, P.S.- Raniganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Ms. Babita Kumari, Advocate Mr. Arya Achint, Advocate For the informant :
Mr. Abhijeet Gautam, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-01-2020 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of informant and learned A.P.P. for the State.
The petitioner seeks bail in connection with Raniganj P.S. Case No. 134 of 2019, registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that Shashi Bhushan @ Gabbu Yadav, brother of informant Bimal Kumar, along with his villager Ashish Kumar @ Prashant Kumar proceeded from his Dera situated at Raniganj for village Premnagar along with two villagers boarding on two motorcycles. In the way, six
Patna High Court CR. MISC. No.78242 of 2019(2) dt.08-01-2020 2/3 persons named in the F.I.R., including the petitioner came behind them boarding on two motorcycles and Kranti Yadav took out pistol from his waist and fired at the neck of Gabbu Yadav, brother of informant, after that he fell down and tried to flee away. In the meantime, informant also reached near his brother making firing through his pistol then two firing was also made towards him, then he fell down. Thereafter, all the six accused caught hold Gabbu Yadav and Rupesh Yadav, Bipin Yadav and Raju Ram fired at Gabbu Yadav, at that time, Latsaheb and Arjun Sharma (Petitioner) had caught hold his brother.
Learned counsel for the petitioner submits that while petitioner is named in the F.I.R., but it would appear from the F.I.R. that petitioner was not assailant of the deceased nor he caused injury to the informant. Further submission is that petitioner and one Latsaheb have falsely been implicated in this case with allegation that at the time of occurrence they caught hold the deceased, when firing was made. Further submission is that petitioner is in custody since 10.05.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten
Patna High Court CR. MISC. No.78242 of 2019(2) dt.08-01-2020 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 134 of 2019. (Rajendra Kumar Mishra, J) manish/- U T