Patna High CourtCR. MISC./36041/2021bail granted

Mahesh Sharma v. The State Of Bihar

2021-08-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36041 of 2021 Arising Out of PS. Case No.-35 Year-2016 Thana- KONCH District- Gaya ====================================================== MAHESH SHARMA S/O SRI RAM UGRAH SHARMA @ ANUGRAH SHARMA R/o village - Tuturkhi, P.S. - Konch, District - Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-08-2021 Heard the parties in virtual Court.

Let the defects be removed within four weeks after start of the physical Court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is one of the assailants of the deceased by causing firearm injury. Petitioner is in custody since 25.06.2019. In the past prayer for bail was refused on 05.06.2020 vide order at Annexure-1 with direction to the Trial Judge to expedite the trial.

Learned counsel for the petitioner submits that even trial has not been committed to the Court of Sessions. Considering the period already undergone by the petitioner, let the petitioner, above named, be released on bail on

Patna High Court CR. MISC. No.36041 of 2021(2) dt.04-08-2021 2/2 furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Konch Police Station Case No. 35 of 2016, G.R. No. 1255 of 2016, subject to the following conditions:- (a) The petitioner shall make himself always available before the learned court below as and when required till framing of the charges.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (c) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(d) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T