Ram Babu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 20759 of 2025 Arising Out of PS. Case No.-116 Year-2024 Thana- KATRA District- Muzaffarpur ====================================================== Ram Babu Sharma Son of Late Rajendra Sharma Resident of village - Singhwari, P.S.- Katra (Jajuaar O.P.), District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar S.K., Adv For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Katra P.S. Case No. 116 of 2024 registered for the offences punishable u/s 310(3) of the B.N.S.
3. As per the prosecution case, 8 to 10 miscreants are alleged to have entered the house of the informant and looted jewellery and cash amount of Rs.- 10-15 lakhs. It is further alleged that at the time of alleged occurrence, one accused person opened fire which hit the wife of the informant, who subsequently died during the course of the treatment.
4. Learned counsel for the petitioner has submitted that the petitioner is not named in the FIR and his name has
Patna High Court CR. MISC. No. 20759 of 2025(3) dt.26-05-2025 2/3 transpired only on the basis of confessional statement made by the co-accused Sukesh Paswan, who has already been granted regular bail by co-ordinate Bench of this Court vide order dated 26.03.2025 passed in Cr. Misc. No. 17935 of 2025. It is next submitted that no incriminating article has been recovered from the conscious possession of the petitioner and till date no TIP has been conducted for the identification of the petitioner to be involved in the present case. It is lastly submitted that the petitioner has no criminal antecedent and is in custody since 09.12.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the parties and taking into account the fact that till date no TIP has been conducted and similarly situated co-accused person has already been granted bail by co-ordinate Bench of this Court and also considering the period of custody, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur, in connection with Katra P.S. Case No. 116 of 2024, subject to the following conditions:-
Patna High Court CR. MISC. No. 20759 of 2025(3) dt.26-05-2025 3/3 (i) One of the bailors will be close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T