Chunnu Sharma @ Premjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77960 of 2018 Arising Out of PS. Case No.-265 Year-2018 Thana- HILSA District- Nalanda ====================================================== Chunnu Sharma @ Premjeet Kumar S/o Late Ramanuj Sharma, R/o Vill.- Kapsiwa, P.S.- Hilsa and District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh, Adv.

For the Opposite Party/s :

Mr.Sri Shyam Bihari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Hilsa P.S. Case No. 265 of 2018 registered for the offences punishable under Sections 394, 307 of the Indian Penal Code and Section 27 of Arms Act.

Informant has alleged that while he was going on his motorcycle on 21.05.2018 at 9:00 P.M., three miscreants on one motorcycle surrounded him and on strength of arms looted his motorcycle and mobile. It has been further submitted that in the next day three persons were coming on two motorcycles which was stopped by the police and from one of the miscreants the looted motorcycle was recovered.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.77960 of 2018(3) dt.17-01-2019 2/2 falsely implicated in this case. Nothing was recovered from his possession and the motorcycle which was being driven by him belonged to the petitioner. It has been further submitted that another co-accused Sipu Kumar who was also arrested along with petitioner has been granted bail by co-ordinate bench of this court passed in Cr. Misc. No. 72089 of 2018 vide order dated 10.01.2019.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, in connection with Hilsa P.S. Case No. 265 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T