Pappu Sharma @ Premchand Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2905 of 2019 Arising Out of PS. Case No.-112 Year-2014 Thana- RUPAULI District- Purnia ======================================================
1. Pappu Sharma @ Premchand Sharma S/o Mahendra Sharma, Resident of Village and P.S.- Rupauli, District - Purnea.
2. Pappu Mandal S/o Kailash Mandal, Resident of Village and P.S.- Rupauli, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Jha For the Opposite Party/s :
Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Rupauli P.S. Case No. 112 of 2014 registered for offence punishable under sections 147, 148, 149, 448, 341, 323, 338, 379, 307, 332, 333, 435, 325, 326, 353, 426, 427, 434, 440 of the Indian Penal Code and 27 of the Arms Act.
Allegation has been made that on account of accident of four persons, a mob assembled and they have allegedly attacked to the police station, set the bus on fire, caused damage to the public property and assaulted the police personnel.
The learned counsel for the petitioner submits that the petitioner is not named in FIR and his name has transpired during investigation.
Considering the facts and circumstances of the case, the prayer
Patna High Court Cr.Misc. No.2905 of 2019(2) dt.23-01-2019 2/2 for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Purnea in connection with Rupauli P.S. Case No. 112 of 2014, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court The petitioners will not induce any witness or tamper with the evidence.
The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the police would call the petitioners for interrogation, they would remain present there. In case of failure, the prosecution will have liberty to file an application for cancellation of their bail.
(Shivaji Pandey, J) mkchy/- U T