Devendra Kumar Sharma @ Nanki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72315 of 2024 Arising Out of PS. Case No.-198 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== Devendra Kumar Sharma @ Nanki Son of Chhotelal Sharma VillageJitwarpur Kumhra Ps- Sarairanjan Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha, Adv.

For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-02-2025 Heard Learned Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sarairanjan P.S. Case No.198 of 2022, lodged under Section 392 of the I.P.C.

3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 07.03.2024 passed in Cr. Misc. No.82654 of 2023 in which liberty was granted to him to renew his prayer for bail 6 months after framing of charge.

4. Learned counsel for the petitioner further submits that the charge has already been framed in this case on 25.01.2023, but no further progress took place in the trial.

5. Counsel further submit that status report has been

Patna High Court CR. MISC. No.72315 of 2024(3) dt.05-02-2025 2/3 called for. From the report, it transpires that summons were issued to the witnesses and the antecedent of the petitioner is not clean. There are 6 criminal cases pending against him.

6. Learned counsel for the State opposes the prayer for bail and submits that the recovery of theft articles has been made from the possession of the petitioner and this aspect may be taken into consideration.

7. It transpires to this Court that the petitioner has been made accused in section 392 of the I.P.C. and charge has also been framed under the same section, which is magisterial triable in nature, but trial has not commenced even after framing of charge.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of A.C.J.M.-III, Samastipur in connection with Sarairanjan P.S. Case No.198 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with condition that the petitioner shall appear on each and every date before the Trial Court for evidence of the prosecution and upon failure of the same, his bond shall be cancelled.

Patna High Court CR. MISC. No.72315 of 2024(3) dt.05-02-2025 3/3

9. It is directed to the Superintendent of Police, Samastipur to instruct the S.H.O. and I.O. of this case to produce the prosecution witnesses in this case for the evidence within 3 months counting from the date of production of this order.

10. Registry is directed to communicate this order forthwith to the Superintendent of Police, Samastipur. Registry is further directed to hand over a copy of this order to learned A.P.P. who shall communicate this order to the Superintendent of Police, Samastipur at his level.

11. With these observations, the bail application stands allowed.

(Dr. Anshuman, J.) Prakashmani/- U T