Patna High CourtCR. MISC./10540/2024bail granted

Pravin Sharma v. The State Of Bihar

2024-02-21Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10540 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- ISMAILPUR District- Bhagalpur ====================================================== Pravin Sharma, aged about 23 years, Male Son of Kailash Sharma, Resident of Village- Makandpur P.S.- Gopalpur District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ismailpur PS Case No. 97 of 2023 instituted for the offences punishable under Sections 395, 379, 412 of the Indian Penal Code.

3. As per the prosecution case, it is case of assaulting and robbing the auto rickshaw of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of dirty village politics. Nothing has been recovered from the conscious possession of the petitioner and petitioner has not been put on Test Identification Parade. Similarly situated co-accused persons

Patna High Court CR. MISC. No.10540 of 2024(2) dt.21-02-2024 2/2 namely Md. Sufiyan @ Md. Abu Sufiyan and Abhishek Sharma @ Abhishek Kumar have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. Nos. 72044 of 2023 and 78745 of 2023 dated 08.11.2023 and 11.12.2023 respectively.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional District and Sessions Judge-III, Naugachia, Bhagalpur dated 09.01.2024, it appears that petitioner is named in the FIR and his name transpired in this case on the basis of confessional Statement of Co-accused Dharmendra Kumar @ Hito. Petitioner is in custody since 30.08.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Naugachia, Bhagalpur in connection with Ismailpur PS Case No. 97of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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