Patna High CourtCR. MISC./78068/2023bail granted

Dilkhush Sharma v. The State Of Bihar

2023-12-04Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78068 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- PIPRA District- Supaul ====================================================== DILKHUSH SHARMA S/O SHANKAR SHARMA VILLAGESURYAGANJ, WARD NO. 15, PS. GAMHARIA, DIST. MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 04-12-2023 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The instant Criminal Miscellaneous Application arises out of the F.I.R., bearing Pipra P.S. Case No. 57 of 2023, dated 22.02.2023, instituted for the offences punishable under Sections 392 of the Indian Penal Code. The petitioner is in custody since 27.03.2023.

3. It is submitted by the learned Advocate for the petitioner that the petitioner was apprehended in the instant case on the basis of the statement of co-accused. No incriminating material was recovered from the petitioner. Charge-sheet has already been submitted on completion of investigation. No specific material would be brought by the prosecution against the petitioner.

Patna High Court CR. MISC. No.78068 of 2023(2) dt.04-12-2023 2/2

4. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

5. In view of such circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, one of whom must be a local surety having landed property, to the satisfaction of the learned C.J.M., Supaul in connection with Pipra P.S. Case No. 57 of 2023, with further condition that he must comply the conditions, namely, he would not persuade or threaten the witnesses and would be present in the Court below during trial on all dates.

Failure on the part of the petitioner to comply with any of the above directions will entail the learned court below to cancel the bail without any further order.

(Bibek Chaudhuri, J) pravinkumar/- U T