Bholi Sharma @ Bhola Sharma And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5392 of 2016 Arising Out of PS.Case No. -29 Year- 2015 Thana -CHAUSA District- MADHEPURA ======================================================

1. Bholi Sharma @ Bhola Sharma

2. Sudarshan Sharma Both sons of Late Bindeshwari Sharma, R/o Village Lauwalagan, P.S. Chausa, Tole Singhia, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagnnath Singh, Adv. For the Opposite Party/s : Mr. Sadanand Paswan (Spl.PP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 16-03-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Bholi Sharma @ Bhola Sharma and Sudarshan Sharma, in connection with Chausa Police Station Case No. 29 of 2015, under Sections 147, 148, 149, 323, 324, 325, 307 and 302 of the Indian Penal Code and 3(i)(v)(x) of SC/ST (Prevention of Atrocities) Act.

Perused the above application and materials on record.

Heard Mr. Jagannath Singh, learned Counsel, appearing on behalf of the petitioners, and Mr. Sadanand Paswan, learned Special Public Prosecutor, appearing on behalf

Patna High Court Cr.Misc. No.5392 of 2016 (2) dt.16-03-2016 2/3 of the State.

In view of the fact that the accused above-named have been in custody since 04.04.2015 and charge sheet has already been submitted in connection with the case aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioners' liberty on bail would adversely affect their trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties each, each of the like amount, subject to the satisfaction of learned Judicial Magistrate, 1st Class, Ashok Kumar-II, Udakishunganj, Madhepura, in connection with Chausa Police Station Case No. 29 of 2015.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court

Patna High Court Cr.Misc. No.5392 of 2016 (2) dt.16-03-2016 3/3 below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T