Raju Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.6267 of 2016 (3) dt.06-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6267 of 2016 Arising Out of PS.Case No. -180 Year- 2015 Thana -SILAO District- NALANDA (BIHARSHARIFF) ======================================================

1. Raju Sharma S/o Rajendra Prasad Sharma @ Lala Sharma, resident of Village- Seema, Police Station- Silao, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Silao P.S. Case No. 180 of 2015 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 302 of the Indian Penal Code and Section 27of the Arms Act.

The petitioner is not named in the first information report wherein it is alleged that co-accused Kislay Kumar and Sudhir Kumar shot Vivek Kumar @ Tato and Lovely Kumar @ Abhay Rai and further gave knife blow to Dharmendra Kumar, resulting, Vivek Kumar @ Tato and Lovely Kumar @ Abhay Rai died and Dharmendra Kumar was referred to Patna for better treatment from Sadar Hospital Biharsharif, Nalanda. In further statement the informant named the petitioner regarding his presence at the place

Patna High Court Cr.Misc. No.6267 of 2016 (3) dt.06-04-2016 of occurrence and accordingly other witnesses have also stated the name of the petitioner regarding his presence at the time of occurrence.

In the facts and circumstances stated above, considering that against the petitioner there is no specific allegation for committing overt act , the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Silao P.S. Case No. 180 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T