Om Prakash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47262 of 2021 Arising Out of PS. Case No.-181 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== Om Prakash Sharma S/o Late Raghunandan Sharma Home Guard No. 110597, R/o village- Maijra, P.S.- Ben, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Deepnagar P.S. Case No. 181 of 2021 registered for the offences punishable under Sections 414, 120(B) of the Indian Penal Code and Rule 874(ii) of Bihar Jail Manual, 2012.

According to the prosecution case, a search was made by Worder, during course of charge the duty, in which Guard Om Prakash Sharma was also searched and during search two mobile with battery has been found in his shoes. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.47262 of 2021(2) dt.15-12-2021 2/3 petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. It is further submitted that the allegation against the petitioner is that the petitioner is not followed the Rule 874(ii) of Bihar Jail Manual, 2012. He further submits that the seizure list has not been served to the petitioner. Petitioner is in custody since 16.06.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. Case no. 181 of 2021, subject to the following conditions:-

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

Patna High Court CR. MISC. No.47262 of 2021(2) dt.15-12-2021 3/3

2. 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.

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 petitioner has concealed his 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) mdrashid/- U T