Ajay Sharma @ Ajay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52160 of 2018 Arising Out of PS. Case No.-54 Year-2017 Thana- AAYAR District- Bhojpur ====================================================== Ajay Sharma @ Ajay Kumar Sharma S/o Late Rameshwar Sharma, R/o Vill.- Ayer, P.S.- Ayer, District- Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vishwa Mohan Kumar Sinha, Adv.

For the Opposite Party :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-08-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ayer P.S. Case No. 54 of 2017 registered for the offences punishable under Sections 341, 323, 307 and 504 of the Indian Penal Code and under Section 27 of Arms Act.

Informant in his written complaint has alleged that on 28.07.2017 at about 3:00 P.M. when he was sitting at his door petitioner Ajay Sharma and his son Kamal Kishore Sharma came there and started abusing and assaulting him upon which his son Anil Kumar Sharma and Arun Kumar Sharma came out of the house and restrained them from abusing upon which at instigation of Kamal Kishore Sharma, Ajay Sharma took out pistol and fired upon informant which hit his son Anil Kumar

Patna High Court Cr.Misc. No.52160 of 2018(2) dt.29-08-2018 2/2 Sharma in stomach. Nature of injury as contained in Annexure-3 is grievous.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner had earlier moved this Court for grant of regular bail which was rejected by Annexure-1 with a liberty to renew his prayer of regular bail after completion of one year in custody. It has been submitted that petitioner is in custody since more than one year.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th A.C.J.M., Bhojpur, Ara in connection with Ayer P.S. Case No. 54 of 2017.

(S. Kumar, J) Rajiv/manoj U T