The High Court at Patna granted bail to the petitioner in a case involving offences punishable under Section 395 IPC. The court noted the petitioner was not named in the FIR, evidence was unlikely to tamper, and custody had exceeded six months.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34702 of 2022
Arising Out of PS. Case No.-370 Year-2021 Thana- BAJPATTI District- Sitamarhi
======================================================
SUNIL SHARMA S/o Sudama Sharma R/o village- Girmishani, P.S.Punaura, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ravi Ranjan For the Opposite Party/s : Mr.Umesh Lal Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 12-09-2022
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Bajpatti P.S. Case No. 370 of 2021 registered for the offences punishable under Section 395 of the Indian Penal Code.
As per prosecution case, five miscreants entered into informant’s house after crossing posterior wall. They entered into his room and pointed pistol on informant’s wife and demanded key and took ornaments, mangalsutra, earrings and ring all made of gold, silver ornaments worth Rs. 1,25,000/-, brass utensils, mobile phone, wallet containing Aadhar Card, PAN Card, driving license and ATM Card and Rs. 50,000/-.
Patna High Court CR. MISC. No.34702 of 2022(2) dt.12-09-2022 2/3
Learned counsel for the petitioner submits that petitioner is in custody since 16.03.2022. Petitioner bears one criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that petitioner is not named in the F.I.R. During investigation his name has been surfaced on the confessional statement of coaccused Kamlesh Giri and Ashok Sah. Except the confessional statement of co-accused there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been made as yet.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, petitioner is not named in the F.I.R., nature of allegation, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on
Patna High Court CR. MISC. No.34702 of 2022(2) dt.12-09-2022 3/3
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, Sitamarhi in connection with Bajpatti P.S. Case No. 370 of 2021, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.
(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.
(Alok Kumar Pandey, J)
amitkr/-
U T
3 issues framed by the court
Whether the petitioner is eligible for bail in a bail application arising from an FIR registered under Section 395 IPC.
Whether the absence of the petitioner's name in the FIR and the leading role of confessional statements by co-accused warrants the grant of bail.
What conditions should be imposed on the grant of bail in the present case.
1 provisions across 1 enactments
Sunil Sharma
The State of Bihar
Alrok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
