Pintu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4618 of 2019 Arising Out of PS. Case No.-45 Year-2017 Thana- LALGANJ District- Vaishali ====================================================== Pintu Sharma Son of Late Banke Sharma Resident of Village- Kataru Chintamanipur, P.S.- Belshar O.P., District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Lalganj PS Case No. 45 of 2017 for the alleged offence punishable under Section 302 and 34 of the Indian Penal Code. Referring to the prosecution case, learned counsel for the petitioner submits that allegation against the petitioner and one Pankaj Sah is that they assaulted the deceased with knife and bamboo stick. Learned counsel submits that the other coaccused Pankaj Sah has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 65327 of 2018 vide order dated 02.01.2019. He further submits that petitioner has no criminal antecedent and he is in custody since 26.03.2017.

Patna High Court Cr.Misc. No.4618 of 2019(2) dt.29-01-2019 2/2 Considering the fact that the petitioner has no criminal antecedent and he is in custody since 26.03.2017 and that the co-accused Pankaj Sah has already been enlarged on bail, this application is allowed. Accordingly, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of District & Sessions Judge, Vaishali at Hajipur in connection with Lalganj PS Case No. 45 of 2017 subject to the condition that petitioner will extend full cooperation for conclusion of the trial and early disposal of the case. In the event petitioner is found indulged in delaying the trial and without cogent reason fails to attend the court proceeding for two consecutive dates, the court below shall be at liberty to cancel the bail bond.

(Anil Kumar Upadhyay, J) mrl./- U T