Rajendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29355 of 2025 Arising Out of PS. Case No.-32 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Rajendra Sharma, S/o Late Dhruplal Sharma, R/o Village- Ekderwa, P.S.- Gopalganj Town, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-05-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The application for grant of bail to the petitioner who is in custody in connection with Yadopur P.S. Case No. 32 of 2024 registered for the offence punishable under Sections 25(1-B)(i), 25(1-B)(a), 25(1-AA), 26(1), 26(2) and 35 of the Indian Penal Code.

3. This is the second attempt made on behalf of the petitioner as earlier the prayer for bail of the petitioner came to be rejected by this Court in Criminal Miscellaneous No. 49876 of 2024 vide order dated 21.09.2024.

4. Learned Advocate appearing on behalf of the petitioner contended that since on the last occasion the prayer

Patna High Court CR. MISC. No.29355 of 2025(2) dt.09-05-2025 2/3 for bail of the petitioner was turned down considering the recovery of incriminating material suggesting the running of arms factory in the house of the petitioner, no submission is being made on the merit of the case. However, the prayer for bail was rejected only for present and now the charges have already been framed against the petitioner and he undertakes that he will fully cooperate in the proceeding of the Court. Moreover, the petitioner has been incarcerated since 02.03.2024 and more than a year has been lapsed.

5. On the other hand, learned Additional Public Prosecutor for the State vehemently opposes the bail application and submits that there is serious charge against the petitioner of running an arm factory.

6. Regard being had to the submissions made on behalf of the parties and considering the period of incarceration and the fact that the charges have already been framed and on the last occasion the prayer for bail was rejected only for present, let the petitioner, named above, be released 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 Additional Sessions Judge-VIII, Gopalganj, District Gopalganj in connection with Yadopur P.S. Case No. 32 of 2024, subject to the condition that one of the bailors will be the

Patna High Court CR. MISC. No.29355 of 2025(2) dt.09-05-2025 3/3 close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) The 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 immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

(Harish Kumar, J) supratim/- U T