Sonu Sharma @ Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 85812 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Sonu Sharma @ Sumit Kumar S/o Virendra Sharma @ Nanki Sharma @ Shatrughan Rai R/o village-Morba, Ray Tol, P.S-Musarigharari, DistrictSamastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Singh For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, when the informant after taking food move for walking, in the meantime the petitioner along with others have surrounded him and open fired with an intention to kill.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. From the perusal of the F.I.R., it is apparent that the petitioner and co-accused fired upon the
Patna High Court CR. MISC. No. 85812 of 2023(2) dt.10-01-2024 2/2 informant but it did not hit anyone. There is no specific overt act against the petitioner. He further submitted that the other coaccused has already been granted bail by a Co-ordinate Bench vide order dated 04.08.2023 passed in Cr. Misc. No. 45443 of 2023. He is languishing in judicial custody since 15.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Samastipur in connection with Tajpur P.S. Case No. 164 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T