Nand Kishore Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14554 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -BASANTPUR District- SIWAN ======================================================

1. Nand Kishore Sharma, son of Late Gorakh Sharma,

2. Satyendra Sharma, son of Nand Kishor Sharma, Both resident of VillageBajitpur, Police Station- Basantpur, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 The petitioners are in custody since 10.01.2017 in connection with Basantpur P.S. Case No. 131 of 2016, registered for offences punishable under Sections 304(B), 120()B/3 of Indian Penal Code.

It has been submitted on behalf of the petitioners that petitioners happen to be father-in-law and brother-in-law of the deceased and no specific allegation has been levelled against them and other co-accused persons, who are mother-in-law and sisterin-law have already been granted bail by this Court vide order dated 10.03.2017, passed in Criminal Miscellaneous No. 9378 of 2017, which learned counsel for the petitioners has stated on oath in paragraph - 17 of bail application. Petitioners have been in judicial custody since 10.01.2017.

Patna High Court Cr.Misc. No.14554 of 2017 (2) dt.30-03-2017 2/3 Learned counsel for the State also could not controvert the aforesaid fact.

Having heard both sides, in view of the facts and circumstances of the case and also in view of the fact that other co-accused persons, having similar allegation have already been granted bail by this court, as such, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in Basantpur, in connection with Basantpur P.S. Case No. 131 of 2016, subject to the following conditions.

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.14554 of 2017 (2) dt.30-03-2017 3/3 without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U