Shailesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33620 of 2018 Arising Out of PS. Case No.-5 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Shailesh Sharma, S/o Shyama Singh, R/o Vill.- Abhranchak, P.S.- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arbind Kumar Singh, Advocate For the Informant :
Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.
The petitioner is in custody since 05.02.2018 in connection with Naubatpur P.S. Case No. 05 of 2018 for the offence registered under Sections 302,120(B),34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that only on account of the fact that there was enmity between the parties regarding assembly election that the present petitioner has been implicated in the present case and on the basis of suspicion he is being prosecuted and is languishing in jail.
It has been further submitted that other similarly situated accused person has been granted regular bail passed in
Patna High Court Cr.Misc. No.33620 of 2018(4) dt.10-07-2018 2/3 Cr. Misc. No. 22287 of 2018 vide order dated 11.05.2018. In view of the aforesaid facts and circumstances of the case and petitioner being similarly situated and antecedent stated in paragraph 3 which have been ended in acquittal, 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 Chief Judicial Magistrate-II, Danapur, Patna in connection with Naubatpur P.S. Case No. 05 of 2018, subject to the following conditions:-
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the
Patna High Court Cr.Misc. No.33620 of 2018(4) dt.10-07-2018 3/3 State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) khushbu/- U T