Chandra Kishor Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 53879 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== Chandra Kishor Sharma, Male aged about 26 years, Son of Kappu Sharma, Resident of Village- Tilathi, P.S.- Kanariya O.P., Simri Bakhtiyarpur, DistrictSaharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-04-2022 Heard learned counsel for the parties.

The FIR bearing Ganga Bridge P.S. Case No. 100 of 2021 was lodged on 04th May, 2021 under Section 392 of the Indian Penal Code alleging therein that the pick-up van was booked for transporting banana but the petitioner and two others looted the same along with his mobile and cash Rs. 2000/-. In the aforesaid circumstance, the FIR came to be lodged. The petitioner was not named in the FIR and his name came subsequently in course of investigation. The counsel for the petitioner submits that chargesheet has already been submitted in the matter and as such there is no question of tampering with the evidence and since he does not have any criminal antecedent as also the fact that he is in jail since 08th June, 2021, i.e., from the date of the occurrence, he deserves bail.

Patna High Court CR. MISC. No.53879 of 2021(2) dt.07-04-2022 2/2 Taking into account the aforesaid fact that chargesheet has already been submitted in the matter and the petitioner does not have any criminal antecedent as also the fact that he is in jail since 08th June, 2021, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 100 of 2021, subject to the conditions:

(i) the trial Court shall satisfy itself about the criminal antecedent of the petitioner before releasing him on bail; (ii) the petitioner shall co-operate in the trial and shall appear on each and every date and failure to do so for two consecutive dates, the Trial Court has cancel his bail bond; (iii) he shall visit the local police station every month for next six months to mark his presence.

The bail application is allowed with the aforesaid observations.

(Rajiv Roy, J) Anand Kr.

U T