Jitendra Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5118 of 2019 Arising Out of PS. Case No.-65 Year-2018 Thana- DANDARI District- Begusarai ======================================================
1. Jitendra Sharma (M), aged about 36 years, S/o Fucho Sharma
2. Rajesh Sharma (M), aged about 41 years, son of Fucho Sharma Both are resident of Village-Katarmala, Ward No. 3, P.S.- Dandari, District - Begusarai ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Ram Naresh Singh, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code registered in connection with Dandari P.S. Case No. 65 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of a petty dispute. There is case and counter case between the parties. In any event, injuries found on the informant and his mother attributed to the present petitioners respectively are simple in nature. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in
Patna High Court Cr.Misc. No.5118 of 2019(2) dt.30-01-2019 2/2 connection with Dandari P.S. Case No. 65 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/Chandran (Vikash Jain, J) U T