Ravi Kumar Sharma @ Kumar Nikhil @ Nikesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4751 of 2021 Arising Out of PS. Case No.-167 Year-2019 Thana- MAKER District- Saran ====================================================== Ravi Kumar Sharma @ Kumar Nikhil @ Nikesh, Son Of Ram Pujan Sharma, Resident Of Village Bikaram Kaithuka, P.S. Maker, District-Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Chandra For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 399 & 402 of the Indian Penal Code and section 37(B)(C) Bihar Prohibition of Liquor and Excise Act and Section 25(1-B)A, 26 and 35 of the Arms Act.

Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 80715 of 2019 which was rejected on 09.12.2019 with a liberty to the petitioner to renew his prayer for bail after one year in jail custody.

Allegation is recovery of one country-made loaded pistol with two live cartridges from the possession of the petitioner in a drunken condition.

Patna High Court CR. MISC. No.4751 of 2021(2) dt.24-02-2021 2/3 It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. Similarly placed co-accused have been granted bail by co-ordinate Bench of this court as contained in Annexure 3 of this bail petition. Petitioner is in custody since 19.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Saran in connection with Maker P.S. Case No. 167 of 2019 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.4751 of 2021(2) dt.24-02-2021 3/3

(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