Gyani Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54162 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== Gyani Sharma Son Of Mehi Sharma Resident of village - Maheshpur, P.S. - Bhagwanpur (Teyay OP), Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Maharaj, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 05.06.2023, in connection with Bhagwanpur (Teyay OP) P.S. Case No. 69 of 2023, F.I.R. dated 22.03.2023 registered for the offences punishable under Sections 341, 323, 307, 354(B), 325, 379, 504, 506/34 of the Indian Penal Code.

3. Allegation against the petitioner is to abuse the informant and also assault the informant, his wife and his daughter.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that from a bare perusal of the F.I.R. it appears that there is no accusation of

Patna High Court CR. MISC. No.54162 of 2023(2) dt.30-08-2023 2/3 any assault or overt act attributed against the petitioner rather the same is against co-accused namely Pankaj Sharma. The petitioner is in custody since 05.06.2023.

5. The learned Additional Public Prosecutor for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner .

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur (Teyay OP) P.S. Case No. 69 of 2023, subject to the following conditions :-

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

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

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal

Patna High Court CR. MISC. No.54162 of 2023(2) dt.30-08-2023 3/3 antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U