Patna High CourtCR. MISC./66025/2022bail granted

Amar Sharma @ Amar Kumar Sharma v. The State Of Bihar

2022-11-30Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66025 of 2022 Arising Out of PS. Case No.-48 Year-2019 Thana- RUDRAPUR District- Madhubani ====================================================== AMAR SHARMA @ AMAR KUMAR SHARMA S/O Late Guneshwar Sharma @ Guneshwar Thakur R/O Village- Bairiyahi, P.S- Laukahi, DistrictMadhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti,Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with Rudrapur P.S. Case No. 48 of 2019 under Section 392 of the Indian Penal Code.

The Case was earlier rejected vide Cr. Misc. No. 54278 of 2021 on 08.04.2022.

The informant, Sitaram Jha alleges that on 13.05.2019, when after withdrawing of Rs. 1,00,000/- from Allahabad Bank, he was returning home, three unknown persons riding on a bike looted his amount on a gun point. Subsequently, during course of investigation one Ranjeet Chaudhary was arrested and he gave the name of all the accused persons and

Patna High Court CR. MISC. No.66025 of 2022(2) dt.30-11-2022 2/3 further disclosed that the looted amount was distributed among all the accused persons at the house of this very petitioner, Amar Sharma.

In view of the fact that the petitioner is in custody since 22.06.2021 (as stated in paragraph-17 of the bail application) and charge sheet already stands submitted, this Court is inclined to grant him privilege of bail subject to certain conditions.

Let the petitioner 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 ACJM, Jhanjharpur, Madhubani in connection with Rudrapur P.S. Case No. 48 of 2019, 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/her 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/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his

Patna High Court CR. MISC. No.66025 of 2022(2) dt.30-11-2022 3/3 attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) 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. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/Neha/- U T