Pappu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4860 of 2022 Arising Out of PS. Case No.-177 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== PAPPU SHARMA S/o Ramanuj Sharma Resident of Village - Hata, P.S. - Chainpur, District - Kaimur (Bhabua).

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Senior Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP Mr. Uday Pratap Singh Mr. Praveen Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-03-2022 Heard Mr. Krishna Prasad Singh, learned Senior Counsel assisted by Mr. Bhaskar Shankar for the petitioner, learned APP for the State and learned counsel appearing on behalf of the informant.

The petitioner seeks bail in connection with Chainpur P.S. Case No.177 of 2020, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. By order dated 09.03.2021, the prayer for bail of the petitioner was rejected in Cr. Misc. No.39728 of 2020. Learned Senior Counsel for the petitioner submits that charge has already been framed in the present case and one witness has also been examined. It is further submitted that

Patna High Court CR. MISC. No.4860 of 2022(3) dt.30-03-2022 2/3 similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court vide order dated 21.02.2022, passed in Cr. Misc. No.32536 of 2021. It is also submitted that the petitioner is in custody since 18.06.2020. Learned counsel for the State opposed the prayer for bail of the petitioner by submitting that the trial is going on. Taking into consideration the facts aforesaid and the fact that similarly situated co-accused person has already been enlarged on bail by a co-ordinate Bench of this Court, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX, Kaimur at Bhabua in connection with Chainpur P.S. Case No.177 of 2020, subject to the conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on

Patna High Court CR. MISC. No.4860 of 2022(3) dt.30-03-2022 3/3 two consecutive dates, his bail bonds shall be liable to be cancelled.

(3) That the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(4) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(Anjani Kumar Sharan, J.) Sanjay/- U T