Sanni Sharma @ Sunny Kumar Sharma @ Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52719 of 2024 Arising Out of PS. Case No.-18 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== Sanni Sharma @ Sunny Kumar Sharma @ Sunny Kumar son of Muni Lal Sharma Village- Dhumnagar W.No-16, Purab Tola, Police station- Nautan district- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Paharpur P.S. Case No. 18 of 2022, registered for the offences punishable under Sections 412, 413, 414/34 of the Indian Penal Code.
3. As per allegation, the informant along with other police personnel was checking vehicles, in the meantime, one motorcycle, a red colour tractor and a white colour pick up van, on seeing police party tried to flee away, but they were surrounded. On interrogation, co-accused Pradeep Kumar disclosed that they have looted the tractor from Majhauliya. He has further disclosed that the petitioner along with two other
Patna High Court CR. MISC. No.52719 of 2024(2) dt.05-08-2024 2/3 accused persons fled away.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. The petitioner was not apprehended from the place of occurrence and nothing has been recovered from the conscious possession of the petitioner. The petitioner is under custody since 05.09.2023.
5. On the other hand, learned APP has opposed the prayer for bail and submitted that the petitioner has criminal antecedent of five cases.
6. Considering the above-mentioned facts and circumstances, the petitioner, above-named, is directed to furnish bail bond after six months from today and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-11th, Motihari, District- East Champaran in connection with Paharpur P.S. Case No. 18 of 2022, 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.
Patna High Court CR. MISC. No.52719 of 2024(2) dt.05-08-2024 3/3 (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J) SONALI/- U T