Rajesh Sharma @ Tufan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19417 of 2020 Arising Out of PS. Case No.-22 Year-2013 Thana- NASRIGANJ District- Rohtas ====================================================== RAJESH SHARMA @ TUFAN SHARMA son of Shiv Sharma, r/o-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.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 29.11.2018 in connection with Nasariganj (Rajpur) P.S. Case No. 22/2013 registered for the offences punishable under Sections 121/ 121(A)/386/387/120(B) of the Indian Penal Code. As per the prosecution case, a raid was conducted and some explosive bombs and detonators were recovered from the house of co-accused Shri Ram Thakur and co-accused Umesh Thakur and on interrogation, they stated that the same belongs to the petitioner.

It is submitted that the petitioner has been named in this case on the basis of confessional statement made before the police by co-accused Umesh Thakur. It is further submitted that

Patna High Court CR. MISC. No.19417 of 2020(3) dt.15-03-2021 2/3 nothing has been recovered from the possession or from the house of the petitioner. It is submitted that Sri Ram Sharma @ Shri Ram Thakur and Umesh Thakur @ Umesh Sharma have already been granted bail by this Court vide order dated 08.10.2013 passed in Cr. Misc. No. 33499 of 2013 and vide order dated 06.01.2014 passed in Cr. Misc. No. 50612 of 2013 respectively. In paragraph No. 3 of the petition, it is stated that the petitioner is accused in six more criminal cases and out of them, he is on bail in three cases. Petitioner has been remanded in this case on 29.11.2018 and since then he is custody. Considering the aforesaid facts and circumstances and that no explosive substance has been recovered from the house of this petitioner and he is in custody since 29.11.

2018, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Addl. Session Judge, XIV, Rohtas at Sasaram, in connection with Nasariganj (Rajpur) P.S. Case No.

Patna High Court CR. MISC. No.19417 of 2020(3) dt.15-03-2021 3/3 the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T