Rahul Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64484 of 2023 Arising Out of PS. Case No.-373 Year-2021 Thana- DUMRAO District- Buxar ====================================================== Rahul Sharma S/O Ravi Shankar Sharma, resident of Village- 84, Baldevpuri, Ps- Sadar Mathura, Distt- Mathura (UP) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Dumraon P.S. Case No. 373 of 2021 lodged under Sections 379/420/467/468/34 of the I.P.C. and under Section 3 of the B.P.I.D. Act.
3. As per the prosecution case, the allegation of taking money by doing fraud is against the petitioner.
4. Learned counsel for the petitioner submits that the case has been filed completely under wrong impression as the petitioner is a businessman and the informant has funded money in the business. Counsel for the petitioner submits that there are five criminal cases filed against him but all cases have been filed under wrong impression and he is on bail in all the five
Patna High Court CR. MISC. No.64484 of 2023(2) dt.11-10-2023 2/3 cases. Counsel for the petitioner further submits that petitioner is in custody since 08.01.2023. Charge sheet has already been submitted. Counsel also submits that due to intervention of the parties, compromise took place between the informant and the wife of the petitioner in which acceptance of payment of Rs.7,50,000/- has been made and rupees one lac has been paid.
5. Learned counsel for the informant has also appeared in this case and accepts that compromise took place between the parties.
6. In that view of the matter, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Dumraon P.S. Case No.373/2021, subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
Patna High Court CR. MISC. No.64484 of 2023(2) dt.11-10-2023 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T