Patna High CourtCR. MISC./42515/2025bail granted

Anil Sharma v. The State Of Bihar

2025-07-25Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42515 of 2025 Arising Out of PS. Case No.-226 Year-2021 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Anil Sharma Son of Janak Sharma Resident of village - Nouwa Tola, P.S.- Bhagwanpur Hat, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the State :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-07-2025 Heard Ms. Kumari Anupam, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 15.06.2022 in connection with S.T. No. 579 of 2022 arising out of Bhagwanpur P.S. Case No. 226 of 2021, F.I.R. dated 15.10.2021 for the offences punishable under Sections 340(B), 201, 120(B)/34 of the IPC and 3/4 of the D.P. Act.

3. According to prosecution case, all the accused persons including the petitioner has killed the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that earlier the bail petition of the petitioner was rejected vide order dated 10.08.2023 passed in Cr. Misc. No. 24354 of 2023. Thereafter, he again moved for grant of bail in Cr. Misc. No. 28216 of 2024 which was dismissed as withdrawn by this Court vide order dated

Patna High Court CR. MISC. No.42515 of 2025(3) dt.25-07-2025 2/3 19.04.2024. Thereafter he again moved for grant of bail in Cr. Misc. No. 58108 of 2024 but the same stands rejected by this Court vide order dated 20.09.2024.

5. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that he is husband of the deceased. Trial has not been progressed. The petitioner is in custody since 15.06.2022.

6. Vide order dated 04.07.2025, a report was called for with regard to the present stage of trial. Report of the learned Trial Court dated 09.07.2025 reveals that charge has been framed against the petitioner on 01.12.2022 and till date, out of five prosecution witnesses, only two witnesses have been examined by the prosecution.

7. Learned counsel for the petitioner referring to the report of the learned Trial Court, submits that there is no chance of early conclusion of the trial in near future and petitioner is in custody since 15.06.2022 i.e. for more than three years

8. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

9. Considering the aforesaid facts and circumstances, report of the learned Trial Court and period of custody, let the petitioner, above named, be released on bail on furnishing bail

Patna High Court CR. MISC. No.42515 of 2025(3) dt.25-07-2025 3/3 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of A.D.J.-IX, Siwan in connection with S.T. No. 579 of 2022 arising out of Bhagwanpur P.S. Case No. 226 of 2021, 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 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) priyanka/- U T