Anil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42684 of 2014 Arising Out of PS.Case No. -166 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Anil Sharma Son of Late Mahabir Sharma R/o Village - Sherpar, P.S. - Barbigha, District- Sheikhpura.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-04-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 302/34 and 120 of the Indian Penal Code.

The allegation against the petitioner is that he had engaged the deceased Mr. Nand Kishore Sharma, an advocate, to argue in the District Court, Munger and they were going to Munger by a Bolero vehicle. Later on, the dead body of the deceased was found.

It is submitted that petitioner had no enmity with the deceased. The deceased was the advocate of the petitioner. A statement of the petitioner has been recorded at para-86 of the case diary in which he has disclosed that he had given fees of the advocate prior to the occurrence and he was taking the deceased to argue his Case no. 9/14. In the way two persons carrying weapons stopped the vehicle and boarded on it. Later on, the deceased was asked to come down and the driver

Patna High Court Cr.Misc. No.42684 of 2014 (3) dt.13-04-2015 2/2 was asked to go with the vehicle. The driver and the petitioner were absconding due to fear. Later on, he came to know that the killers were Raghunandan Yadav and his son Shuvam Yadav @ Suman Yadav, who are notorious criminals. During investigation also it has come to light that Raghunandan Yadav and his son are assailants in this case. The petitioner has no criminal antecedent.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two genuine sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai, in Lakhisarai P. S. Case no. 166 of 2014 with the following conditions :

1. The petitioner will not indulge in similar or in any other offence.

2.

The petitioner will be well represented in the court.

3. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T