Badal Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29557 of 2023 Arising Out of PS. Case No.-115 Year-2022 Thana- PARBATTA District- Bhagalpur ====================================================== BADAL SHARMA Son of Khono Sharma @ KHONAY SHARMAAA Resident of village-Tulsipur, P.S.-Kharik, District-Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Yadav For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Parbatta P.S. Case No. 115/2022 registered for the offences punishable under Sections 413/414 of the Indian Penal Code. As per prosecution case, on 19.09.2022 informant alongwith other police persons proceeded for evening patrolling and in the course of patrolling he came to know from spy that accused of Parbatta P.S. Case No. 112/2022 namely Md. Tajim is smoking Ganja at the Basa of Taslim in Jamunia Diyara. Police team reached there and caught him. On interrogation he accepted his involvement in incident of loot committed on 13.09.2022. He disclosed that the motorcycle which was used in commission of loot was of one Md. Musto and the police proceeded to the house of Md. Musto and he disclosed that said
Patna High Court CR. MISC. No.29557 of 2023(2) dt.13-06-2023 2/3 motorcycle was purchased from Md. Jahid 3-4 months ago. On the instance of Md. Musto police apprehended Md. Jahid from his house and he disclosed that said motorcycle had purchased from Md. Badal (petitioner).
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR and the name of petitioner transpired in this case on the basis of confessional statement of co-accused Md. Jahid @ Dealer. He further submits that except confessional statement of co-accused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. The petitioner is languishing in custody since 17.11.2022 and bears criminal antecedent of five cases. Nothing has been recovered from the conscious possession of the petitioner. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that petitioner has five criminal antecedents.
Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in
Patna High Court CR. MISC. No.29557 of 2023(2) dt.13-06-2023 3/3 this case and there is no likelihood of tampering with the prosecution evidence and argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IIIrd, Naugachia/Successor Court in connection with Parbatta P.S. Case No. 115/2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T