Nageshwar Sharma @ Nageshwar Kumar Sharma @ Nagesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51654 of 2024 Arising Out of PS. Case No.-404 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== Nageshwar Sharma @ Nageshwar Kumar Sharma @ Nagesh Son of Sri Narayan Sharma @ Bhikhari Sharma Resident of village - Rahmanpur, Police Station - Barsoi (Sudhani O.P.) and District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Nand Poddar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Azamnagar (Sudhani) P.S. Case No. 404 of 2023 for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

3. As per allegation, on 13.11.2023, the maternal grandson of the Informant parked his bullet motorcycle in the courtyard of the informant. While, the informant wake up in the morning, he found his motorcycle missing from there.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing was recovered from possession of the petitioner. He has also submitted that the

Patna High Court CR. MISC. No.51654 of 2024(2) dt.30-07-2024 2/2 petitioner is under custody since 23.12.2023.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Azamnagar (Sudhani) P.S. Case No. 404 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) In case of his failure in appearance on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(Nawneet Kumar Pandey, J) Nirmal/- U T