Patna High Court
Chhotu Sharma @ Mithlesh Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was not granted to the petitioner at this stage.
Summary
The petitioner, Chhotu Sharma, was charged under Sections 109, 303(2), 324(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly firing at the informant's son, causing a thigh injury. He applied for bail, asserting no prior criminal record, false implication, a two‑month delay in filing the FIR, and that the victim sustained only a single injury indicating no intent to kill. The State opposed the bail, emphasizing the direct allegation of firing and the seriousness of the offences. The Court, after considering the allegations and the seriousness of the charges, declined to grant bail at this stage and directed the trial court to expedite the trial. The petitioner was permitted to renew the bail application if the trial is not concluded within three months of the order.
Issues considered
- Whether bail should be granted to the accused in light of the alleged firing and injuries caused.
- Whether the delay in lodging the FIR and lack of intent to kill affect the bail eligibility.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 303(2), 324(4)
Subjects
- bail
- criminal procedure
- firearms
- assault
- intent to kill
- trial expeditious
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6515 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- NARPATGANJ District- Araria
======================================================
Chhotu Sharma @ Mithlesh Kumar Sharma Son of Late Dhanraj Sharma R/o
Village - Pathraha, Ward No. 06, P.S. - Narpatganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Narpatganj P.S. Case No. 334 of 2025 instituted for the offence
under Sections 109, 303(2), 324(4) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on
10.07.2025, the informant’s son Shailendra Kumar was lured by
his friends on the pretext of repairing his damaged mobile and
taken towards Chanda School, where accused Chhotu Sharma
(petitioner) allegedly fired at him causing injury on his thigh.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 07.09.2025. Petitioner
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bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. There is delay of two months in lodging the FIR.
Informant is not the eye witness. From perusal of the injury
report, two injuries have been found on the right leg of the son
of the informant. Nothing has been recovered from the
conscious possession of the petitioner. It is lastly submitted that
victim has sustained only one injury, hence, there was no
intention to kill.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, there being direct allegation of firing against the
petitioner, this Court is not inclined to grant bail to the
petitioner, at this stage. Prayer for bail is hereby rejected.
8. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
9. However, petitioner will be at liberty to renew his
prayer for bail, if the trial is not concluded within a period of
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three months from the date of receipt/production of a copy of
this order.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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