Sanoj Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43897 of 2024 Arising Out of PS. Case No.-846 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Sanoj Kumar Sharma s/o Late nunulal Sharma R/o village- Ghurgaon, Ward no.12, P.S.-madhepura(Bharrahi o.p.) District-Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2024 Heard Mr. Dinesh Prasad Verma, learned counsel for the petitioner and Mr. Ram Anurag Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 03.07.2023 in connection with Madhepura (Bharrahi) P.S. Case No. 846 of 2022, F.I.R. dated 06.09.2022 for the offences punishable under Sections 302/34 of the Indian Penal Code.
3. According to prosecution case, all the accused persons including this petitioner have brutally assaulted the husband of the informant resulting into his death.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that there is no specific allegation of any assault or overt act attributed
Patna High Court CR. MISC. No.43897 of 2024(2) dt.21-06-2024 2/3 against the petitioner rather there is general and omnibus allegation all the accused persons including this petitioner and in fact, the petitioner is the son of the deceased and he is falsely been implicated in this present case. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Anirudha Sharma @ Anurudha Sharma who is fatherin-law of the son of the deceased has been granted bail by this Court vide order dated 09.05.2023 passed in Cr. Misc. No. 12717 of 2023. The petitioner is in custody since 03.07.2023.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, 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 Additional Sessions Judge III, Madhepura in connection with Madhepura (Bharrahi) P.S. Case No. 846 of 2022, subject to the following conditions:- i. 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
Patna High Court CR. MISC. No.43897 of 2024(2) dt.21-06-2024 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.
iii. 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) Vanisha/- U T