Piyush Sharma @ Vishwajit Piyush @ Piyush Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31178 of 2024 Arising Out of PS. Case No.-480 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Piyush Sharma @ Vishwajit Piyush @ Piyush Raj son of Janeshwar Sharma Village- Sahugarh Diwan Kataiya Tola Ward No 15 PS- Madhepur, DistMadhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Soni Shrivastava Mr. Gaurav Singh Ms. Aditi Sharma Mr.Ravi Bhardwaj For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the state.
2. The instance application for regular bail has been filed by the petitioner in connection with Madhepura P.S. Case No. 480 of 2022 instituted for the offence u/s 341, 323, 307, 504, 354(B) and 34 of the Indian Penal Code and 27 of Arms Act.
3. Earlier the application for regular bail of the petitioner was rejected vide order dated 30.08.2023 passed in Cr. Misc. No. 51077 of 2023.
4. In pursuance to the direction of this Court, a report with regard to the present stage of trial was called for and the
Patna High Court CR. MISC. No.31178 of 2024(3) dt.02-07-2024 2/3 same has been received dated 17.05.2024 by which, it appears that till now, prosecution has not produced their witnesses.
5. It is submitted by learned counsel for the petitioner that there is no hope to conclude the trial in near future and the petitioner is languishing in judicial custody since 18.01.2023.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepura P.S. Case No. 480 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura with following conditions:- (i) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(ii) If the petitioner tampers with the evidence or threatens the witnesses, in that case, the prosecution will be at liberty to move of cancellation of bail.
(iii) In case, the petitioner repeats offence of similar
Patna High Court CR. MISC. No.31178 of 2024(3) dt.02-07-2024 3/3 nature after enlargement on bail, his bail-bonds will be cancelled by the Court below.
(Sunil Kumar Panwar, J) Shubham/- U T