IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51513 of 2007 UPENDRA SHARMA Versus STATE OF BIHAR ----------- Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. Petitioner is an accused for offences punishable under section 341, 342, 3232, 324, 307 and 34 of the Penal Code and sections 27, 25(1-B) and 35 of the Arms Act. Learned counsel for the petitioner submits that the prosecution case is that the petitioner fired from his revolver at Dipak Kumari, who sustained injury in her stomach, whereas, another co-accused Jay Ram Sharma was the order giver and Braj Kishore Sharma inflicted fasuli injury on Dipak Kumari. He further submits that the said two accused persons have already been enlarged on bail when their petitions for anticipatory bail were allowed. He also submits that from the injury report (Annexure 3) as well as from the supervision note of the Deputy Superintendent of Police ( Annexure 4) it is quite apparent that said Dipak Kumari had only two simple injuries caused by hard blunt substance, hence the entire prosecution case is false. He also states that the petitioner is in custody since 10.04.2007. On the other hand, learned counsel for the informant vehemently opposed the contention of learned counsel for the - 2 - petitioner and submitted that the prosecution case is supported by several materials in the case-diary and the trial is going on, in which two witnesses have already been examined on behalf of the prosecution. Considering the aforesaid facts and circumstances, this petition for bail is allowed. Accordingly, let the sole petitioner, namely Upendra Sharma be admitted to bail on executing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Fast Track Court-2, Gaya, in connection with Belaganj P.S. Case No. 55/2007, which has given rise to Sessions Trial No. 148 of 2007. MPS/ ( S. N. Hussain, J. )