Satish Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38834 of 2021 Arising Out of PS. Case No.-285 Year-2016 Thana- BETTIAH CITY District- West Champaran ====================================================== SATISH SHARMA S/O SRI KISHORI SHARMA RESIDENT OF VILLAGE BANUCHHAPAR, P.S-BETTIAH MUFFASIL (BANUCHHAPAR O.P.), DISTRICT-WEST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 387 of the Indian Penal Code and sections 3 and 4 of the Explosive Substance Act.
As per the prosecution case, a bomb was exploded near the gate of the house of the informant and a chit of paper was found as also posters giving threats to the informant and extortion money had been demanded.
It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in the
Patna High Court CR. MISC. No.38834 of 2021(2) dt.11-01-2022 2/3 confessional statement of Prakash Patel and Kunal Thakur. Prakash Patel has been enlarged on bail vide order dated 9.4.2021 (Annexure-2) passed in Cr. Misc. No. 2295 of 2021. Neither the petitioner has been put on T.I. parade nor any incriminating article has been recovered from his possession. He is in custody since 21.12.2017.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for over 4 years and grant of bail to the above mentioned co-accused Prakash Patel, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 342 of 2019 (arising out of Bettiah (Town) P.S. Case no. 285 of 2016) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge IX, West Champaran, Bettiah.
It is further directed that the petitioner shall remain physically present on each date of the trial and shall cooperate in the trial. In case the petitioner is absent on any date for reasons not to the satisfaction of the learned trial court or is not cooperating in the trial, the learned trial court may cancel the
Patna High Court CR. MISC. No.38834 of 2021(2) dt.11-01-2022 3/3 bail bond of the petitioner and take him in custody till conclusion of the trial.
(Partha Sarthy, J) Spd/- U