Dilip Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78897 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- BHARGAMA District- Araria ====================================================== Dilip Sharma S/o Upendra Sharma R/o village- Jai Nagar, Ward No.-3, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-05-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Bhargama P.S. Case No. 86 of 2023 registered for the offences under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 02.07.2023.

4. The allegation against the petitioner is to fire upon one Arun Sharma during the course of

Patna High Court CR. MISC. No.78897 of 2023(4) dt.10-05-2024 2/3 occurrence, where alleged occurrence arises out of land dispute.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated with the present case out of land dispute. It is submitted that alleged injury appears on non-vital part of the body, suggesting that petitioner was not under intention to cause death. While concluding the argument it is submitted that petitioner is a man of clean antecedent and moreover investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of the facts and circumstances as mentioned above and by considering the nature of accusations, coupled with the fact as petitioner is in custody since 02.07.2023, where charge-sheet has

Patna High Court CR. MISC. No.78897 of 2023(4) dt.10-05-2024 3/3 already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Bhargama P.S. Case No. 86 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T