Rajesh Sharma @ Tufan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20503 of 2020 Arising Out of PS. Case No.-39 Year-2010 Thana- NASRIGANJ District- Rohtas ====================================================== RAJESH SHARMA @ TUFAN SHARMA Son of Shiv Sharma Resident of Village - Rajpur, P.S.- Rajpur, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-12-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner is in jail custody since 29.11.2018 in connection with Nasariganj (Rajpur) P.S. Case No. 39 of 2010 (Sessions Trial No. 120/2017( registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 326, 307 and 384 of the Indian Penal Code.

Petitioner and other FIR named accused are said to have demanded extortion money from the informant and when the informant refused to fulfill their demand, the petitioner and his associates assaulted the informant and others. Although, some of the injurds have sustained grievous injuries but submission on behalf of the petitioner is that there was land

Patna High Court CR. MISC. No.20503 of 2020(4) dt.07-12-2020 2/2 dispute between the parties and, moreover, petitioner is in jail custody since long and there is no possibility of conclusion of the trial of the petitioner in near future, which is evident from perusal of report of learned trial court. Learned counsel for the petitioner, further, submits that petitioner does have criminal antecedents of five cases but in present case except Sections 326, 307 and 384 of the Indian Penal Code, almost all the Sections are bailable in nature.

Considering the period of detention of the petitioner in jail custody as well as facts and circumstances of the case, 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 learned Additional Sessions Judge XIV, Rohtas at Sasaram/concerned court in connection with Sessions Trial No. 120 of 2017 arising out of Nasriganj (Rajpur) P.S. Case No. 39/2010.

(Hemant Kumar Srivastava, J) Spd/- U T