Atul Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37650 of 2025 Arising Out of PS. Case No.-295 Year-2024 Thana- THAWE District- Gopalganj ====================================================== Atul Sharma S/o- Gautam Sharma @ Gautam Thakur Vill.- Lakshawar, P.S.- Thawe, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Raj, Adv.

For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Thawe P.S. Case No. 295 of 2024 instituted for the offences under Section 309(4) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, three accused persons on a bike arrived at the Customer Service Centre and, out of them, two persons, armed with pistol and wearing a mask, entered into the shop and took Rs. 60,000/- and a mobile phone and fled away from there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.37650 of 2025(2) dt.23-06-2025 2/3 alleged against him and has falsely been implicated in the present case. The petitioner has not committed any offence as alleged in the F.I.R. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioner. He further submits that save and except self-confession of the petitioner, there is nothing adverse against him. The petitioner has also not been put on Test Identification Parade for his identification. Charge-sheet has been submitted in this case. The petitioner has one criminal antecedent and is languishing in judicial custody since 10.03.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.37650 of 2025(2) dt.23-06-2025 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Thawe P.S. Case No. 295 of 2024. (Rudra Prakash Mishra, J) rishi/- U T