Kamlesh Sharma @ Chandi Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.730 of 2025 Arising Out of PS. Case No.-80 Year-2001 Thana- VIJAYEPUR District- Gopalganj ====================================================== Kamlesh Sharma @ Chandi Sharma S/o Dina Sharma Resident of villageAmwa Ghat, PS- Vijayepur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard Mr. Pankaj Kumar Dubey, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with S.Tr. No. 349 of 2009 arising out of Vijayepur P.S. Case No. 80 of 2001 instituted for the offences under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Accusation against the petitioner and his associates is of shooting deceased Chhabila Malah with a country-made pistol.
4. Learned counsel for the petitioner submitted that the present case is the case of misuse of privilege of bail earlier granted to the petitioner. Learned counsel further submitted that
Patna High Court CR. MISC. No.730 of 2025(3) dt.03-04-2025 2/3 on 01.08.2004 petitioner was granted bail by this Court, however, his bail bonds got cancelled on 29.01.2010 due to nonappearance. He further submitted that on 23.03.2010, the petitioner was granted bail by the learned court below, however, again on 13.08.2015, the bail bonds of the petitioner were cancelled due to non-appearance. He further submitted that on 15.07.2016 the proclamation against the petitioner was issued under Sections 82/83 of the Cr.P.C. and the petitioner was arrested and again on 30.10.2017 the petitioner was granted bail by the learned court below and once again, his bail bonds got cancelled on 17.09.2019. For the fourth time, the petitioner was granted bail on 11.02.2020 by the Session Judge, Gopalganj but the his bail bond got cancelled on 20.02.
2023 due to nonappearance and N.B.W. was issued against him. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.08.2024 and has no criminal antecedent. Learned counsel further submitted that petitioner undertakes to abide by any conditions imposed by this Court, if released on bail.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.730 of 2025(3) dt.03-04-2025 3/3 of the case and the period of custody undergone by the petitioner as also the undertaking given by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S. Tr. No. 349 of 2009 arising out of Vijayepur P.S. Case No. 80 of 2001, 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 any appearance, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) 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.
(Rudra Prakash Mishra, J) Alok Verma/- U T