Pappu Sharma @ Pappu Kr. Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15487 of 2019 Arising Out of PS. Case No.-58 Year-2018 Thana- BARUN District- Aurangabad ====================================================== PAPPU SHARMA @ PAPPU KR. SHARMA Son of Murari Sharma @ Murari Singh Resident of Village - Tengra, P.S.- Barun, Distt.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh For the Opposite Party/s :
Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 14.08.2018 in connection with Barun P.S. Case No. 58 of 2018 for offences punishable under Sections 394, 414, 511 of the Indian Penal Code and Sections 25 (1-b)A, 26 and 35 of the Arms Act.
The prosecution case as lodged by the informant is that while he was plying his tempo, four miscreants in two motorcycles intercepted and on gun point they tried to snatch the tempo but on alarm two miscreants were apprehended who
Patna High Court CR. MISC. No.15487 of 2019(2) dt.15-03-2019 2/3 disclosed the name of the petitioner and other co-accused. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case only on the basis of confessional statement of the co-accused. He submits that one of the apprehended co-accused in whose possession one live cartridge was recovered has already been granted the privilege of bail by this Court in Cr. Misc. No. 38577 of 2018 vide order dated 10.07.2018 and no incriminating article has been recovered from the possession of the petitioner. He further submits that charge-sheet has already been submitted and the petitioner is languishing in judicial custody since more than eight months.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and materials on record, let the petitioner above named 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 learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 58 of 2018, subject to the condition that one of the bailors would be close relative of the petitioner having sufficient
Patna High Court CR. MISC. No.15487 of 2019(2) dt.15-03-2019 3/3 immovable properties, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J) devendra/priyanka U T