Lovely Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22463 of 2024 Arising Out of PS. Case No.-42 Year-2022 Thana- BATH District- Bhagalpur ====================================================== Lovely Sharma, S/o Binod Sharma @ Binod Mistri, R/o Vill-Tilakpur, P.S.- Sultanganj, Dist-Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2024
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. The matter has been placed before this Court for consideration of the petitioner's bail prayer made under Section 439 of Cr.P.C.
3. Petitioner seeks regular bail in connection with Bath P.S. Case No. 42/2022 dated 15.05.2022 registered for the offence punishable under Section 392 of the Indian Penal Code.
4. Mr. Rajive Ranjan Singh, learned counsel for the petitioner submits that the petitioner earlier preferred Cr. Misc. No. 44926/2023 for the relief of regular bail which was rejected by this Court vide order dated 27.07.2023 giving him
Patna High Court CR. MISC. No.22463 of 2024(2) dt.10-05-2024 2/3 a liberty to renew his bail prayer after six months if in the said period, no significant progress is made in his trial and in the light of the said liberty, the petitioner has again come before this Court for the said relief. Learned counsel further submits that at present, the petitioner's trial is running for commitment and he has been languishing in jail since 15.03.2023.
5. Mr. Binod Kumar, learned APP appearing for the State has opposed the bail prayer.
6. Considering the above submissions and mainly taking into account the petitioner's custody period and the stage of his trial as submitted above, this Court is now inclined to release the petitioner on bail. Accordingly, let the petitioner named-above 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 Court concerned in connection with Bath P.S. Case No. 42/2022, on the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the trial court and shall remain physically present as directed by the trial court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the trial court.
Patna High Court CR. MISC. No.22463 of 2024(2) dt.10-05-2024 3/3
(2) If the petitioner tampers with the evidence or the witnesses then the prosecution will be at liberty to move for cancellation of bail.
(3) One of the bailors shall be a close relative of the petitioner who has sworn affidavit in this miscellaneous petition. (Shailendra Singh, J) annu/- U T