Sampat Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24003 of 2020 Arising Out of PS. Case No.-9 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== Sampat Sharma Son of Shatrughan Sharma @ Shatrudhan Sharma Resident of Village - Bhagta Tola, Daulatpur, P.S.- Raghopur, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

17-09-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in Raghopur P.S. Case No. 09 of 2019 registered for the offence punishable under Section 307 & other allied sections of the Indian Penal Code. In the FIR, it is alleged that accused persons named in the FIR assaulted the husband of the informant by lathi, khanti etc., as a result of which, informant's husband received injury on his head. The allegation against petitioner is that he alongwith one co-accused Kamal Sharma entered into the house of the informant and took away the attache containing Rs. 15,000/- and other valuable items.

It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence and he has

Patna High Court CR. MISC. No.24003 of 2020(2) dt.17-09-2020 2/2 been falsely implicated in this case due to land dispute between the parties. It is further submitted that co-accused Kamal Sharma has already been granted bail by this Court, vide order dated 26-06-2019 passed in Cr.Misc. No. 23587 of 2019 (Annexure - 4 to the petition). Petitioner is in custody since 18.02.2020, having no criminal antecedent.

Considering the aforesaid facts, the petitioner abovenamed, is directed to 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 the learned A.C.J.M., Birpur at Supaul in connection with Raghopur P.S. Case No. 09 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Prabhat Kumar Singh, J.) anay U T