Lalbabu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1749 of 2020 Arising Out of PS. Case No.-327 Year-2019 Thana- DIGHWARA District- Saran ====================================================== 1.
Lalbabu Sharma Son of Late Vishwanath Sharma Resident of Village - Hematpur, P.S.- Dighwara, District- Saran 2.
Vikash Kumar Sharma Son of Lalbabu Sharma Resident of Village - Hematpur, P.S.- Dighwara, District- Saran 3.
Vivek Kuamr Sharma Son of Lalbabu Sharma Resident of Village - Hematpur, P.S.- Dighwara, District- Saran 4.
Raj Raushan Sharma @ Raj Raushan Kumar Sharma Son of Lalbabu Sharma Resident of Village - Hematpur, P.S.- Dighwara, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash, Advocate For the Opposite Party/s :
Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioners and learned A.P.P for the State.
The petitioners apprehend their arrest in Dighwara P.S. Case No. 327 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 379, 307, 504 of the Indian Penal Code.
It is submitted that petitioners have falsely been implicated in this case. There is case and counter case. There was free fight between the shareholders of the property and they are residing in the same house. There is general and omnibus
Patna High Court CR. MISC. No.1749 of 2020(2) dt.25-02-2020 2/3 allegation against these petitioners. Both sides sustained injuries. Specific allegation is against co-accused Anand Prakash Sharma. Petitioners have got clean antecedent. Considering the facts aforesaid, the petitioners above-named in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Dighwara P.S. Case No.
327 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the court below.
(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at
Patna High Court CR. MISC. No.1749 of 2020(2) dt.25-02-2020 3/3 liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T