Pramod Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90191 of 2024 Arising Out of PS. Case No.-92 Year-2015 Thana- HULASGANJ District- Jehanabad ====================================================== Pramod Sharma S/o Late Anandi Sharma R/o Village- Hulasganj, DistrictJehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APPT ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-02-2025 Heard Mr. Arvind Prasad Singh, learned counsel for the petitioner and Mr. Anil Kumar Singh No. 1, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 11.11.2023 in connection with Hulasganj P.S. Case No. 92 of 2015, F.I.R. dated 06.12.2015 for the offences punishable under Sections 384, 385, 506 and 34 of the Indian Penal Code and Section 17 & 18 of the UAP Act.
3. According to prosecution case, the informant was prevented from harvesting his paddy crops because of one parcha fixed on the wall of Thakurbari in the name of Maowadi group. It is further alleged that the land of the informant was situated near the house of the petitioner and this petitioner along with his brother wants to grab his land who were the active
Patna High Court CR. MISC. No.90191 of 2024(2) dt.05-02-2025 2/3 members of the aforesaid group.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R that there is no specific allegation of assault against this petitioner and the petitioner is not the member of Maowadi group and nothing has come during investigation which suggest that the petitioner is involved in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 11.11.2023.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R and apart from that the petitioner carries three criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in all the three cases.
6. Considering the aforesaid facts and circumstances and the period of custody, 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 to the
Patna High Court CR. MISC. No.90191 of 2024(2) dt.05-02-2025 3/3 satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Hulasganj P.S. Case No. 92 of 2015, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T