Amardeep Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81786 of 2025 Arising Out of PS. Case No.-296 Year-2025 Thana- NARHATT District- Nawada ====================================================== Amardeep Sharma S/O Devnandan Sharma Resident of Village- Gausnagar, P.S- Nagar, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-12-2025 Heard Mr. Vibhuti Ranjan Sonvadra, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Narhat P.S. Case No. 296 of 2025 for the offence punishable under Sections 331(4), 305(a) and 3(5) of the B.N.S. lodged on 12.09.2025 by the informant, Shailendra Paswan.
3. As per the prosecution story, the informant alleged that upon some sound in his house, he got up and caught one person namely, Amardeep Sharma (petitioner herein) who gave the name of the other person who escaped as Md. Sameer. Further, Rs. 5,000/- and gold ornament were missing which is alleged to have been taken by Md. Sameer. This led to the FIR.
4. Learned counsel for the petitioner submits that a false implication has been made, he runs a spare part store namely,
Patna High Court CR. MISC. No.81786 of 2025(2) dt.03-12-2025 2/3 Himanshu Special Parts at Ibrahimpur, the informant has a 'tempo' for which some parts were taken and the payments were not made and when the petitioner went to his place, got implicated. The further submission is that the petitioner do not have any criminal antecedent and has to take care of his cancer patient six years old child who regularly used to visit Kolkata for treatment as manifest from annexure-2 and he is in custody since 12.09.2025.
5. Learned APP, Brajendra Nath Pandey opposes the prayer for bail submitting that the petitioner was caught by the villagers.
6. Taking into account the submission of the parties as also the fact that he is in custody since 12.09.2025 having no criminal antecedent, a cancer patient child is there who has to be taken to Kolkata for treatment and an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. 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 Judicial Magistrate 1st Class, Nawada in connection with Narhat P.S. Case No. 296 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.81786 of 2025(2) dt.03-12-2025 3/3 member/relative 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 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;
(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 the 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 his bail bonds. (Rajiv Roy, J) Adnan/- U T