Lovely Sharma @ Lawly Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54932 of 2025 Arising Out of PS. Case No.-190 Year-2022 Thana- SHAHKUND District- Bhagalpur ====================================================== Lovely Sharma @ Lawly Sharma S/o Binod Sharma @ Binod Mistry R/o Village - Tilakpur, P.S - Sultanganj, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-03-2026 Heard Mr. Rajive Ranjan Singh, learned counsel for the petitioner and Mr. Binod Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 25.07.2022 in connection with Shahkund P.S. Case No. 190 of 2022, F.I.R. dated 08.07.2022 registered for the offence punishable under Section 392 of the Indian Penal Code.
3. According to prosecution case, the informant alleged that when he arrived at Bhagalpur bear Milky School,then near Chandan Bridge, five persons including the petitioner on two motorcycle stopped him on point of pistol and they snatched his motorcycle, money and mobile phone and ran away.
4. Learned counsel appearing for the petitioner
2/4 submits that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the FIR and the name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused person, namely, Rishi Sharma @ Rishi Raj Sharma. Thereafter, the petitioner has confessed his guilt in the present occurrence and till date no TIP has been conducted by the prosecution and the co-accused person, namely, Rishi Sharma @ Rishi Raj Sharma, who has disclosed the name of the petitioner, has been granted bail by this Court vide order dated 18.07.2025 passed in Cr. Misc. No. 33284 of 2025, another co-accused person, namely, Pintu Mandal @ Pintu Kumar @Pintu Sharma has been granted bail by this Court vide order dated 22.05.2023 passed in Cr. Misc. No. 2469 of 2023 and the Police, after investigation, submitted charge-sheet against the petitioner and the petitioner is in custody since 25.07.2022 more than three and half years.
5. Learned A.P.P. for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries eight more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending
3/4 matters.
6. Considering the aforesaid facts and circumstances of the case and also the fact that petitioner is not named in the FIR, his name has been transpired during investigation on the basis of confessional statement of co-accused persons and similarly situated co-accused persons have been granted bail by this Court and period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-X, Bhagalpur, in connection with Shahkund P.S. Case No.
190 of 2022, with the following conditions:- (i) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (ii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iii) And, further condition that the court below shall
4/4 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, 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) Ranjeet/- U T