Sonu Kumar Sharma @ Dillu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6942 of 2022 Arising Out of PS. Case No.-349 Year-2021 Thana- NAGAR District- Vaishali ====================================================== Sonu Kumar Sharma @ Dillu Sharma Son Of Ashok Sharma R/O - Bhadrghat, P.S.- Alamganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Kumar, Advocate For the Opposite Party/s :
Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within four weeks from today.
The petitioner seeks regular bail in connection with Hajipur Town P.S. Case No. 349 of 2021 instituted for the offences punishable under Sections 307, 302 and 34 of the Indian Penal Code and 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 04.09.2021, charge-sheet has been submitted in the case and has antecedent 19 cases. Learned counsel for the petitioner submits that the specific allegation against one Vijay Chaudhary, who fired on the deceased and petitioner's name came in the confessional
Patna High Court CR. MISC. No.6942 of 2022(2) dt.15-06-2022 2/3 statement of Vijay Kumar Chaudhary.
Learned counsel for the petitioner further submits that the petitioner is not named in the F.I.R. and no incriminating articles have been recovered from the possession of the petitioner or from his house. Till date, no Test Identification Parade (T.I.P.) has been held.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 04.09.2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 349 of 2021subject to the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
Patna High Court CR. MISC. No.6942 of 2022(2) dt.15-06-2022 3/3
(3) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) Gaurav Kumar/- U T