Amar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37539 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== AMAR SHARMA Son of Ramesh Sharma, Resident of Village - Bela Chapra (Sharma Tola), P.S.- Bela, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudal Singh, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 164 of 2022, arising out of Bela P.S. Case No. 33 of 2021 lodged under Sections 411, 412 and 414/34 of the Indian Penal Code.

As per prosecution, the recovery of Apachi motorcycle was made from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the said motorcycle belongs to other person and not

Patna High Court CR. MISC. No.37539 of 2022(2) dt.30-09-2022 2/3 belongs to the petitioner. Learned counsel further submits that petitioner is in custody since 15.07.2021 having 2 criminal cases pending against him and in both cases, petitioner is on bail. He further submits that the other co-accused persons of the case have already been granted bail by this Court which is apparent from Annexure-2 and 2/1 of the petition. He further submits that charge has already been framed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Sessions Judge, Muzaffarpur in connection with Sessions Trial No. 164 of 2022, arising out of Bela P.S. Case No. 33 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of

Patna High Court CR. MISC. No.37539 of 2022(2) dt.30-09-2022 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T