Pramod Sharma @ Sadhu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44906 of 2021 Arising Out of PS. Case No.-159 Year-2010 Thana- KARPI District- Jehanabad ====================================================== Pramod Sharma @ Sadhu Sharma Son Of Jairam Sharma @ Raj Kishor Sharma Resident Of Village- Orbigha, P.S.- Banshi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-01-2022 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State in virtual Court proceeding.

Petitioner seeks bail in a case registered in connection with Karpi P. S Case No. 159 of 2010 for the offences punishable under Section 341, 324, 307, 504/34 of the Indian Penal Code and 27 of the Arms Act.

As per allegation in the F.I.R, petitioner and other named accused armed with rifle were abusing and fired on the house of Ranjeet Sharma. After seeing the informant accused Jai Kishore Sharma fired on him , which is caused thigh injury. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.44906 of 2021(3) dt.18-01-2022 2/3 petitioner has falsely been implicated in this case. It appears from the F.I.R that there is general and omnibus allegation against the petitioner that he along with other co-accused person indiscriminate firing from the roof of the Dalan of Mithilesh Sharma. Further submits that co-accused Jai Kishore Sharma has been granted bail in Cr. Misc. No. 33365 of 2016 vide order dated 22.9.2016. Petitioner is in jail custody since 24.10.2019. A report was called for. The report of the trial court reveals that the case is pending for prosecution evidence. Charge was framed on 08.01.2020. Learned counsel for the petitioner submits that Trial is not concluded in near future. The learned A.P.P opposed the prayer for bail of the petitioner and submits that petitioner is having five cases, which manifests in Paragraph-3 of the petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Jehanabad in connection with Karpi P.S.Case No. 159 of 2010 ,subject to the following conditions;-

Patna High Court CR. MISC. No.44906 of 2021(3) dt.18-01-2022 3/3

1. 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 on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

2. If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) N.K/- U T