Sudhir Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71171 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- VISHNUPAD District- Gaya ====================================================== Sudhir Kumar Sharma S/o Raj Kumar Sharma Resident of Village- Salempur, PS- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sharma For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 307/34 of the Indian Penal Code and Sections 26, 27, 35, 25(1b)(a) of the Arms Act, registered in connection with Vishnupad P.S. Case No. 146 of 2024.

3. As per prosecution case, the informant got secret information that some miscreants are assembled with arms for committing some incident, upon the information, the informant along with other police personnel went at that place and after seeing the police team the miscreants started firing upon the police party due to which a person sustained injury. Accordingly, the FIR.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner is not named in the FIR and he

Patna High Court CR. MISC. No.71171 of 2024(3) dt.22-11-2024 2/2 has no concern with the alleged occurrence. The name of the petitioner has come into light on the basis of disclosure made by local villagers. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is a person of clean antecedent and he is in custody since 18.05.2024. On exactly similar footing, co-accused Md. Babu @ Magaj @ Md. Saddam has been granted bail by this Court in Cr. Misc. No. 50911 of 2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as petitioner having clean antecedent, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Gaya in connection with Vishnupad P.S. Case No. 146 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Nirmal/- U T