Bambam Sharma @ Raj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5034 of 2016 Arising Out of PS.Case No. -300 Year- 2008 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Bambam Sharma @ Raj Kumar Sharma S/o Garib Sharma, Resident of Village - Gobadda, Police Station - Kharagpur, District - Munger. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Umesh Lal Verma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner being is apprehending his arrest in connection with Surajgarha (Piri Bazar) P.S. Case No. 300 of 2008, registered for offences punishable under Sections 302/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that though the petitioner is named in the F.I.R., there is no specific allegation against him and at best he could be treated as the member of the group who attacked the deceased. It is further submitted that there is no allegation of any overt act having been done by the petitioner. It is further submitted that one similarly situated person, namely, Sheo Nandan Ram has been extended the

Patna High Court Cr.Misc. No.5034 of 2016 (2) dt.03-04-2016 2/2 privilege of anticipatory bail by this Court, in Criminal Miscellaneous No. 7361 of 2010 vide order dated 25.03.2010. Considering the nature of allegation made against the present petitioner and that the petitioner has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha (Piri Bazar) P.S. Case No. 300 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) sunil/- U T