Sadish Sharma @ Sudip Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53518 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- BHARGAMA District- Araria ====================================================== SADISH SHARMA @ SUDIP SHARMA Son of Basudev Sharma @ Vasudev Sharma Resident of Village- Budabe Ward No. 15, P.S.- Singheshwar, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54182 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- BHARGAMA District- Araria ====================================================== GANESH MUKHIYA Son of Ganga Mukhiya Resident of Village - Rajpur Gorihari, P.S.- Pipra Bazar, District - Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 53518 of 2021) For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP (In CRIMINAL MISCELLANEOUS No. 54182 of 2021) For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-04-2022 Heard learned counsel for the parties.
The two petitioners in the two applications have prayed for grant of regular bail in connection with Bhargama P.S. Case no. 16 of 2020 registered under sections 392 and 397 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, while the informant was
Patna High Court CR. MISC. No.53518 of 2021(3) dt.27-04-2022 2/3 returning with the collected money, it is stated that three accused persons snatched the bag from the informant containing Rs. 2,03,650/-.
It is submitted by learned counsel for the petitioners that the FIR was registered against unknown. The name of the petitioners transpired in their own confessional statement recorded in one another case before police. No incriminating article has been recovered from the petitioners possession. Inspite of being in custody since 27.1.2021 and the informant claiming that he can identify the accused persons on seeing them again, the petitioners have not been put on T.I. parade. Investigation in the case has concluded.
The application for bail is opposed by learned APP for the State who submits that the petitioners have criminal antecedents.
Having heard learned counsel for the parties and taking into consideration the petitioners not having been put on T.I. parade inspite of having remained in custody for more than a year and chargesheet having been submitted in the case, the petitioners are directed to be enlarged on bail in connection with Sessions Trial no. 162 of 2021 (arising out of Bhargama P.S. Case no. 16 of 2020) on each of them furnishing bail bond of
Patna High Court CR. MISC. No.53518 of 2021(3) dt.27-04-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VII, Araria.
(Partha Sarthy, J) Spd/- U T