Sanjay @ Sanju Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35843 of 2016 Arising Out of PS.Case No. -138 Year- 2016 Thana -BELAGANJ District- GAYA ======================================================
1. Sanjay @ Sanju Sharma, S/o Late Dhanesh Sharma, resident of VillagePrawan, P.S- Ghosi, District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Adv. For the Opposite Party/s : Mr. Ram Bachan Singh, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-08-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Sanjay @ Sanju Sharma, in connection with Belaganj P.S. Case No.138 of 2016, under Sections 323, 341, 386, 435, 379/34 of the Indian Penal Code, 14, 16, 17, 18, 20, 30, 40 of the U.A.P. Act and 17 of the Criminal Law Amendment Act.
Perused the above application and materials on record.
Heard Mr. Shivendra Prasad, learned Counsel for the petitioner, and Mr. Bachan Singh, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named
Patna High Court Cr.Misc. No.35843 of 2016 (2) dt.20-08-2016 2/3 has been in custody since 13.05.2016 in connection with the case aforementioned and there is, admittedly, no cogent evidence against the petitioner except the extra judicial confession and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs.
10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Belaganj P.S. Case No.138 of 2016. This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.
Patna High Court Cr.Misc. No.35843 of 2016 (2) dt.20-08-2016 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, CJ) K.C.jha/- U T