Shambhu Singh @ Shambu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16692 of 2015 Arising Out of PS.Case No. -323 Year- 2011 Thana -SHASTRINAGAR District- PATNA ====================================================== PRADUMAN KUMAR @ MANTU SHARMA @ MANTU SINGH @ PRADUMAN SINGH, Son of Rai Kishore Sharma, Resident of VillageBohlolpur, P.S. Parsa, District- Saran (Chhapra) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.18447 of 2015 Arising Out of PS.Case No. -323 Year- 2011 Thana -SHASTRINAGAR District- PATNA ====================================================== Shambhu Singh @ Shambu Sharma S/o Babri Singh @ Ramkumar Singh R/o Village- Ghanaur, P.S.- Katra, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

(In Cr. Misc. No.16692 of 2015) For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Nityanand (APP) (In Cr. Misc. No.18447 of 2015) For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mrs. Sangita Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2015 Heard both sides.

The petitioners seek bail in a case under Section 302 and other sections of the Indian Penal Code and Section 27(1) of the Arms Act.

Learned counsel for the petitioners submits that one contractor, namely, Basant Kumar Singh was killed and F.I.R. was

Patna High Court Cr.Misc. No.16692 of 2015 (3) dt.23-06-2015 2/3 lodged against unknown. Name of the petitioner figured in the case in the confessional statement of Durgesh Kumar Sharma on 16.03.2012. Durgesh Kumar Sharma did not make any specific allegation against the petitioners. Durgesh Kumar Sharma has already been granted bail vide order passed in Cr. Misc. No. 41489/2012. Pawan Kumar Rai @ Mukul Rai also disclosed the name of the petitioners. Pawan Kumar Rai @ Guddu Rai was granted bail vide order passed in Cr. Misc. No. 3428/13. Similarly situated co-accused Laddu Singh @ Durgesh Nandan and Bablu Thakur @ Kaushal Kunj Narayan have also been granted bail vide orders passed in Cr. Misc. No. 3036/13 and Cr. Misc. No. 1415/2013. Case of the petitioners stands on similar footing. Learned A.P.P.

, however, opposed the prayer for bail and submitted that the petitioners have got criminal antecedents, but at the same time admitted that names of the petitioners figured in the case in the confessional statements of co-accused. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III, Patna in Shastri Nagar P.S. Case No. 323 of 2011, corresponding to Sessions Trial No.

Patna High Court Cr.Misc. No.16692 of 2015 (3) dt.23-06-2015 3/3 condition that the petitioners shall undertake to appear on each and every date during the course of trial and if the petitioners remain absent on any date during the course of trial without reasonable cause, the trial court shall cancel the bail bonds of the petitioners. (Prabhat Kumar Jha, J) Dilip/- U T