Shambhu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65847 of 2025 Arising Out of PS. Case No.-231 Year-2022 Thana- SIKTI District- Araria ====================================================== Shambhu Sharma S/o Rajendra Sharma Resident of village- Kachmoh, Ward no 07, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with S. T. No. 396 of 2024 arising out of Sikty P.S. Case No. 231 of 2022 instituted for the offence under Sections 411, 413, 414, 420, 467 & 468 of the Indian Penal Code.

3.

The prosecution case is that on 02.09.2022, during patrolling, police intercepted a motorcycle at Kalu Chowk with forged documents and arrested accused Izhar Khan, who named his seller Zahiruddin @ Zahiro. Another motorcycle with forged papers was seized from Zahiruddin, who disclosed that Jumman Ali and petitioner were part of a gang. It is alleged that petitioner run a gang of motorcycle lifters, supplying stolen

Patna High Court CR. MISC. No.65847 of 2025(2) dt.17-09-2025 2/3 bikes for resale with forged documents.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-11-2022. Petitioner bears fourteen (14) criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Zahiruddin. Save and except confessional statement of co-accused, there is no material against the petitioner. Learned counsel for the petitioner submits that charge in this case is framed and not a single witness is examined up till now, hence, petitioner deserves the privilege of bail.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge being framed, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.65847 of 2025(2) dt.17-09-2025 3/3 below/concerned Court in connection with S. T. No. 396 of 2024 arising out of Sikty P.S. Case No. 231 of 2022, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T