Himanshu Ranjan @ Chhotu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47630 of 2021 Arising Out of PS. Case No.-161 Year-2018 Thana- HULASGANJ District- Jehanabad ====================================================== HIMANSHU RANJAN @ CHHOTU SHARMA Son of Rakesh Kumar Sharma @ Munna Sharma Resident of Village- Emadpur, P.S.- Hulasganj, District- Jehanabad at present resident of Mohalla- East Gandhimaidan, P.S. and District- Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2022 Heard the learned senior counsel for the petitioner and the learned APP for the State, through Video Conferencing.

The petitioner seeks bail in connection with S.T. No. 82 of 2019/45/2020 arising out of Hulasganj P.S. Case No. 161 of 2018, instituted for the offences under Sections 413, 414, 399, 402 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 31.08.2018, charge-sheet has been submitted and allegation is of recovery of a loaded pistol along with two live cartridges.

The learned counsel for the petitioner submits that the petitioner has been implicated in the case merely for the

Patna High Court CR. MISC. No.47630 of 2021(3) dt.08-02-2022 2/3 reasons that he has antecedents, as mentioned in para 3 of the bail application.

The learned A.P.P. vehemently opposes the bail application and submits that once bail is granted to the petitioner, he may abscond and the charges may not be framed as he has antecedent of 12 cases as mentioned in para 3 of the bail application. Learned APP further submits that a report was called for from the learned Court below with regard to the stage of the trial. The report has been received by letter No. 18 dated 31.01.2022 issued by the learned Addl. Sessions Judge-X, Jehanabad and from perusal of the same, it would manifest that the case has been posted for 21.02.2022 for framing of charge.

Considering the fact that the petitioner is in custody since 31.08.2018, charge-sheet has been submitted, the petitioner, above-named, is directed to be released on bail after framing of charge, on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad, in connection with S.T. No. 82 of 2019/45/2020 arising out of Hulasganj P.S. Case No. 161 of 2018, with a condition that one of the bailor shall be

Patna High Court CR. MISC. No.47630 of 2021(3) dt.08-02-2022 3/3 the father of the petitioner, Rakesh Kumar Sharma @ Munna Sharma.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U