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Patna High CourtCR. MISC./85339/2025bail granted

Sarthak Kumar Singh @ Sarthak Kumar v. The State Of Bihar

2025-12-10Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85339 of 2025 Arising Out of PS. Case No.-32 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Sarthak Kumar Singh @ Sarthak Kumar S/O Amarendra Singh @ Amarendra Kumar R/O Mahmada, P.S.- Patahi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Piprakothi P.S. Case No. 32 of 2022 registered for the alleged offences under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

03. As per prosecution case, the informant was shot at by the petitioner with small gun in presence of his associates while the informant had been returning from a marriage.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of mistaken identity. The written report was given by some other person and it is apparent that the informant was not in a position to record his statement as he has been shot

Patna High Court CR. MISC. No.85339 of 2025(2) dt.10-12-2025 2/3 at on his chest. The petitioner has been named in this case at the instance of his enemies and the informant, having realised his mistake mistake, filed a compromise petition before the learned trial court. The petitioner is having antecedent of two cases and he is on bail in both the cases. The petitioner is in custody since 17.06.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner that he shot at the informant and corresponding injury has been observed at left side upper abdomen of his body.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation 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, East Champaran, Motihari/court concerned in connection with Piprakothi P.S. Case No. 32 of 2022, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

Patna High Court CR. MISC. No.85339 of 2025(2) dt.10-12-2025 3/3 (i) One of the bailors will be a close relative of 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