Gajo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82441 of 2025 Arising Out of PS. Case No.-220 Year-2024 Thana- PASRAHA District- Khagaria ====================================================== Gajo Sharma Son of Dukhan Sharma Resident of Village- Bharkath, P.S.- Pasraha, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neeraj Kumar Alias Sanidh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Pasraha P.S. Case No. 220 of 2024 registered for the alleged offences under Sections 109, 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27(2) of the Arms Act.

03. As per prosecution case, petitioner and other coaccused persons came to the house of the informant in the night and hurled abuses against him and opened fire. But nobody got hurt.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence in the manner as alleged has ever taken

Patna High Court CR. MISC. No.82441 of 2025(2) dt.04-12-2025 2/3 place. The allegation of indiscriminate firing is false and concocted and it was the informant himself who handed over the spent cartridges to the police in the morning as is apparent from the FIR. There is delay of two days in lodging the FIR and for which there is no explanation. The petitioner is in custody since 08.08.2025 and charge-sheet has been submitted. The petitioner is having antecedent of three cases and one of which he has been acquitted and in one case he is on bail.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no injury has been caused to any person and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/court concerned in connection with Pasraha P.S. Case No. 220 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.82441 of 2025(2) dt.04-12-2025 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T