Devendra Kumar Sharma @ Nanki Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Devendra Kumar Sharma @ Nanki Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional release on bail in connection with Sarairanjan P.S. Case No. 202 of 2022: bail after framing of charge on bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Samastipur; framing of charge to be concluded within 15 days, failing submission of charge-sheet the petitioner to be released on bail bond with the condition of physical presence before the Trial Court on every date till conclusion of the trial.

Issue for consideration

Whether the petitioner, arraigned in Sarai Ranjan P.S. Case No. 202 of 2022 (offence under Section 392 IPC) and in custody since 26.08.2022, should be released on bail.

Court's answer

Considering the facts and circumstances of the case and the petitioner's period of custody, the petitioner is directed to be released on bail after framing of the charge in connection with Sarairanjan P.S. Case No.202 of 2022, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned ACJM-III, Samastipur.

Ratio / Principle

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order.

Key takeaways

It is made clear that if the charge-sheet has not been submitted, the petitioner shall be released on bail on furnishing bail bond, subject to the further condition that he remains physically present before the Trial Court on each and every date till conclusion of the trial.ratio¶¶26

Detailed headnote1 paragraphs

Criminal Miscellaneous (bail) — Patna High Court, decided 09-04-2024 by Ramesh Chand Malviya, J. Petitioner Devendra Kumar Sharma @ Nanki, in custody since 26.08.2022 in Sarai Ranjan P.S. Case No. 202 of 2022 (Section 392 IPC — armed loot of Rs.17,200 and a mobile phone), whose name surfaced only through a confessional statement in another case and against whom no test identification parade was conducted, is directed to be released on bail after framing of the charge, on bail bonds of Rs.10,000/- with two sureties of the like amount each before ACJM-III, Samastipur. The trial court is to conclude framing of charge within 15 days; if the charge-sheet has not been submitted, the petitioner is to be released on bail bond with a condition of physical presence before the Trial Court on every date till conclusion of the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13725 of 2024

Arising Out of PS. Case No.-202 Year-2022 Thana- SARAI RANJAN District- Samastipur

======================================================

Devendra Kumar Sharma @ Nanki, aged about 26 years (Male), Son Of Chhotelal Sharma, Residence of Mohalla/ Vill- Jitwarpur Kumhra P.S -Sarairanjan, Distt- Samastipur

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kedar Jha, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 09-04-2024

Let the defect(s) as pointed out by the Stamp

Reporter be ignored in course of the day.

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner seeks bail in a case registered

for the offence under Section 392 of the Indian Penal Code.

As per the prosecution case, three unknown

persons forcefully at the gun point looted Rs.17,200 and a mobile phone of the informant.

Learned counsel for the petitioner has

submitted that petitioner has falsely been implicated in this case. He next submits that there is no specific overt-act or omission as alleged in the FIR and petitioner is in custody since 26.08.2022.

Learned APP appearing for the State,

opposes the prayer for bail of the petitioner.

On perusal of the first information report and impugned order dated 11.10.2023, it appears that the name of

Patna High Court CR. MISC. No.13725 of 2024(2) dt.09-04-2024 2/2

the petitioner surfaced from the confessional statement in another case and no test identification parade has been held during investigation and he is in custody since 26.08.2022.

Considering the aforesaid facts and circumstances of the case as also the period of custody of the petitioner, let the above named petitioner be directed to be released on bail after framing of the charge in connection with Sarairanjan P.S. Case No.202 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Samastipur.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to be present physically on each and every date before the Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T