Ramdip Sharma @ D.P. Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47974 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -MAIN P.S. District- GAYA ====================================================== Ramdip Sharma @ D.P. Sharma Son of Baliram Sharma, resident of village- mau, Police Station - Tekari and District - Gaya (Bihar). .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Rajendra Nath Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Main P.S. Case No. 13 of 2015 registered for offences under sections 147, 148, 149, 341, 323, 427, 435, 504 and 506 of the Indian Penal Code and 17 of the Criminal Law Amendment Act.
Allegation has been made that earlier the extremists on the letter head of moist, demanded levy and later on started demand of extortion money by mobile 7250259653. In the night, they entered into the premises and took away valuable items of the informant.
The counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.47974 of 2015 (2) dt.02-11-2015 2/3 petitioner is not owner of the aforesaid mobile number and others, namely, Jitan Yadav, Ram Vinay Sharma and Surendra Yadav have already been granted bail by this Court in Criminal Misc. Nos. 45077, 42023 and 42775 of 2015. The counsel for the petitioner submits that this case is identical to the case of those persons. The petitioner has three criminal antecedents. Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on or after 18th December 2015 on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Main P.S. Case No.
13 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the court below is directed to verify whether the aforesaid mobile belongs to the petitioner or not.
Patna High Court Cr.Misc. No.47974 of 2015 (2) dt.02-11-2015 3/3 not the owner of the said mobile number, his bail should be granted.
(Shivaji Pandey, J) Mahesh/- U T