Vipin Sharma @ Bhushan Sharma Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Vipin Sharma @ Bhushan Sharma Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Aurangabad, subject to the condition of physical presence before the Court below on every date (cancellation of bail bond on absence for two consecutive dates without reasonable cause).

Issue for consideration

Whether the petitioner should be enlarged on regular bail in Goh P.S. Case No. 105 of 2018 (IPC ss.147, 148, 149, 385, 386, 120B; Arms Act s.25(1-B)a, 26/35; C.L.A Act s.17), considering the prosecution facts, his custody since 22.12.2020, his twelve criminal antecedents, and the bail earlier granted to a similarly situated co-accused.

Court's answer

Considering the facts and circumstances of the case as well as the period of custody, the Court directed the petitioner to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Aurangabad, in connection with Goh P.S. Case No. 105 of 2018.

Ratio / Principle

Bail was granted subject to the express condition that the petitioner remain physically present before the learned Court below on each and every date; failure to do so on two consecutive dates without reasonable cause renders the petitioner's bail bond liable to be cancelled.

Detailed headnote1 paragraphs

BAIL GRANTED - VIPIN SHARMA @ BHUSHAN SHARMA v. THE STATE OF BIHAR - Patna High Court, Criminal Miscellaneous No.19787 of 2023, oral order dated 10-05-2024 (Hon'ble Mr. Justice Chandra Prakash Singh). Regular bail allowed in Goh P.S. Case No. 105 of 2018 (District Aurangabad), registered under sections 147, 148, 149, 385, 386 and 120B IPC, Section 25(1-B)a, 26/35 Arms Act and Section 17 C.L.A Act. Prosecution version: alleged assembly of 'Bhakpa-Maowadi' extremists to extort levy from brick-kiln owners and contractors; apprehended extremist Saryug Ram found in possession of a country-made pistol, two live cartridges, a mobile phone and Rs. 880/- in cash; petitioner implicated through the confessional statement of the apprehended co-accused; petitioner stated to have twelve criminal antecedents and in custody since 22.12.2020; counsel pointed to bail already granted to a similarly situated co-accused vide order dated 23.03.2023 in Cr. Misc. No. 64676 of 2022. Held: considering the facts, circumstances and period of custody, the petitioner was directed to be enlarged on bail on a bail-bond of Rs.20,000/- with two sureties of the like amount each, conditioned on physical presence before the Court below on each date, non-compliance on two consecutive dates without reasonable cause rendering the bail bond liable to cancellation. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19787 of 2023

Arising Out of PS. Case No.-105 Year-2018 Thana- GOH District- Aurangabad

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

VIPIN SHARMA @ BHUSHAN SHARMA S/o Late Ragho Sharma R/o Village- Chabura, P.S.- Anti, Distt- Gaya.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Jagdhar Prasad ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 10-05-2024

Heard learned counsel for the petitioner and learned A.P.P for the State.

Defect(s) as pointed out by the office has been removed during course of the day.

The petitioner has preferred this application for grant of regular bail in connection with Goh P.S. Case No. 105 of 2018, registered under sections 147, 148, 149, 385, 386 and 120B of the Indian Penal Code and Section 25(1-B)a, 26/ 35 of the Arms Act and Section 17 of the C.L.A Act.

As per the prosecution case, on seeing the police, the co-accused persons who are said to be Bhakpa-Maowadi began to flee away while they were assembled for extorting levy from owners of brick-kilns and contractors. When the police

Patna High Court CR. MISC. No.19787 of 2023(3) dt.10-05-2024 2/3

reached there, they caught one extremist (Saryug Ram) and on search a country-made pistol, two live cartridges, a mobile phone and Rs. 880/- in cash were recovered. The said apprehended persons also disclosed the name of other coaccused persons.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case on the confessional statement of apprehended co-accused Saryug Ram. Similarly situated co-accused person has already been granted regular bail by this Court vide order dated 23.03.2023 passed in Cr. Misc. No. 64676 of 2022. The petitioner has twelve criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 22.12.2020.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Goh P.S. Case No.

Patna High Court CR. MISC. No.19787 of 2023(3) dt.10-05-2024 3/3

105 of 2018, with the condition:-

The petitioner is directed to remain physically

present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J)

Ranjeet/-

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