Vipin Sharma @ Bhushan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19787 of 2023 Arising Out of PS. Case No.-105 Year-2018 Thana- GOH District- Aurangabad ====================================================== VIPIN SHARMA @ BHUSHAN SHARMA S/o Late Ragho Sharma R/o Village- Chabura, P.S.- Anti, Distt- Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. Defect(s) as pointed out by the office has been removed during course of the day.
3. The petitioner has preferred this application for grant of regular bail in connection with Goh P.S. Case No. 105 of 2018, registered under sections 147, 148, 149, 385, 386 and 120B of the Indian Penal Code and Section 25(1-B)a, 26/ 35 of the Arms Act and Section 17 of the C.L.A Act.
4. As per the prosecution case, on seeing the police, the co-accused persons who are said to be Bhakpa-Maowadi began to flee away while they were assembled for extorting levy from owners of brick-kilns and contractors. When the police
Patna High Court CR. MISC. No.19787 of 2023(3) dt.10-05-2024 2/3 reached there, they caught one extremist (Saryug Ram) and on search a country-made pistol, two live cartridges, a mobile phone and Rs. 880/- in cash were recovered. The said apprehended persons also disclosed the name of other coaccused persons.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case on the confessional statement of apprehended co-accused Saryug Ram. Similarly situated co-accused person has already been granted regular bail by this Court vide order dated 23.03.2023 passed in Cr. Misc. No. 64676 of 2022. The petitioner has twelve criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 22.12.2020.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Goh P.S. Case No.
Patna High Court CR. MISC. No.19787 of 2023(3) dt.10-05-2024 3/3 105 of 2018, with the condition:-
1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T