Gautam Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66037 of 2019 Arising Out of PS. Case No.-196 Year-2019 Thana- BALIYA District- Begusarai ====================================================== Gautam Sharma, Son of Upendra Sharma, Resident of Village - Chhoti Balia, Saidanchak, P.S.- Balia in the Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP For the Informant : Mr. Tarkeshwar Prasad Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned counsel representing the State as well as learned counsel representing the informant.

The petitioner in the present case is seeking regular bail in connection with Balia P.S. Case No.196 of 2019 registered for the offence punishable under Sections 324, 326 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that although allegation against the petitioner is that of firing upon the informant but the medical examination report shows that the injuries have been caused by hard and blunt object as a result of firearm and it is his submission that the words 'as a result of

Patna High Court CR. MISC. No.66037 of 2019(3) dt.23-01-2020 2/3 firearm' has been added by committing interpolation in the injury report. Learned counsel further submits that the parties are next-door neighbours and they have entered into a compromise.

Learned counsel for the informant submits that he has instruction not to object the grant of bail to the petitioner. Considering the facts and circumstances of the case and the submission of learned counsel for the petitioner and the informant wherein the informant has also come out with a case of compromise as they are next-door neighbours and the petitioner has remained in custody since 02.06.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begussarai in connection with Balia P.S. Case No.196 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

Patna High Court CR. MISC. No.66037 of 2019(3) dt.23-01-2020 3/3 (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T