Prince Sharma Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5636 of 2024

Prince Sharma @ Prince Kumar aged about 22 years, Son of Sri Ashok Kr. Sharma, Resident of Math Bandh, P.O. & P.S. Deoghar Town, DistrictDeoghar. ... … Petitioner

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Versus The State of Jharkhand … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Ankit Kumar, Advocate For the State : Mr. Sanjay Kumar Srivastava, A.P.P. --------

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Order No. 06 / Dated 23^rd September, 2024

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Heard learned counsel appearing on behalf of the petitioner and the learned A.P.P. appearing on behalf of the State.

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The petitioner is an accused in connection with Deoghar Town P.S. Case No. 210 of 2024, registered for the offence punishable under Sections 386, 387 and 120-B of Indian Penal Code and Sections 25(1-b)a, 25(6), 26, 31 and 35 of the Arms Act, pending in the Court of learned Chief Judicial Magistrate, Deoghar.

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Learned counsel appearing on behalf of the petitioner has submitted that the allegations as set out in the F.I.R. is that on 31.03.2024 during patrolling the informant received an information that near Deoghar Bus Stand some miscreants armed with weapons were planning to extort money from the shopkeepers, contractors and common people and thereafter a raid was conducted and having seen the police the miscreants started fleeing away but they were apprehended and on search one mobile phone has been recovered from the possession of this petitioner and no other incriminating articles is said to have been recovered from the possession of this petitioner.

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Learned counsel for the petitioner has further submitted that the petitioner is in custody since 01.04.2024 and charge-sheet in this case has been submitted and therefore, the possibility of tampering the evidence is very remote and therefore, the petitioner deserves to be enlarged on bail.

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Further it has been submitted that the similarly situated co-accused persons namely Anubhav Kumar Narone @ Sonu Narone and Chhotu

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Sringari @ Chandrashekhar Sringari @ Chotu Sringari from who possession some arms have been recovered have been enlarged on bail vide B.A. No.5633 of 2024 by this Court and B.A. No.5231 of 2024 by the Coordinate Bench of this Court. It has also been pointed out that there are two criminal cases against this petitioner vide Deoghar (Town) P.S. Case No.557 of 2022 and Deoghar (Town) P.S. Case No.616 of 2023 in which he is on bail and therefore, the petitioner deserves to be enlarged on bail.

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On the other hand the learned A.P.P. appearing on behalf of the State by filing counter-affidavit has opposed the contentions raised on behalf of the petitioner and submitted that the petitioner is a man of criminal history and further submitted that para-23, 24, 25 and 26 of the case diary supports the case of the prosecution and therefore, he does not deserve to be enlarged on bail.

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Having heard the parties, perused the records of this case.

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In the light of the submission advanced on behalf of the petitioner and further taking into consideration that the similarly situated co-accused persons have been enlarged on bail, it is found just and fair to enlarge the petitioner on bail. Accordingly, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Chief Judicial Magistrate, Deoghar, in connection with Deoghar Town P.S. Case No. 210 of 2024, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.

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(Navneet Kumar, J.)

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Basant/S. Das

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2 B.A. No.5636 of 2024

Prince Sharma v. the State of Jharkhand

Case brief

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Prince Sharma v. the State of Jharkhand

Case brief

What is this about?

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