Rajesh Kumar Sharma @ Pappu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55976 of 2019 Arising Out of PS. Case No.-332 Year-2019 Thana- ARA NAGAR DistrictBhojpur ====================================================== RAJESH KUMAR SHARMA @ PAPPU SHARMA Son of Late Kesh Nath Sharma Resident of Mohalla - Sheetal Tola, P.S.- Ara Nagar, DistrictBhojpur (Bihar) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Gajendra Kumar Singh, Advocate.

For the Opposite Party:

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.07.2019 in connection with Ara Nagar P.S. Case No. 332 of 2019 for the offences alleged under Sections 302, 201 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with killing of the informant's son and except suspicion, there is no objective material to connect him with the alleged occurrence. The only allegation against the petitioner and other co-accused is that they were seen in an altercation with the deceased on the night prior to his disappearance. Similarly situated co-accused Nirmal Kumar has been granted bail by this Court by order dated 06.09.2019 in Cr. Misc. No. 55371 of 2019. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard. He has not pointed out to any objective material against the petitioner

Patna High Court CR. MISC. No.55976 of 2019(3) dt.04-12-2019 2/2 from the case diary.

5. Be that as it may, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara Nagar P.S. Case No. 332 of 2019, on the following conditions- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T