Gurudev Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12955 of 2019 Arising Out of PS. Case No.-1333 Year-2017 Thana- SAHARSA District- Saharsa ====================================================== GURUDEV SHARMA Son of Pramod Sharma Resident of Village - Dhakjari, P.S.- Sonbarsa Kachahri , Distt - Saharsa. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341,323, 447, 308, 379,504,506 IPC registered in connection with Saharsa Sadar P.S. Case No. 1333/2017.

3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation of assault upon the informant and her son is on co-accused Pramod Sharma. The accusation against the petitioner along with co-accused Suryadeo Sharma of damaging kathra and taking out the weighing instrument and no accusation of assault has been made. The petitioner is accused in one prior case, in which he is on bail.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM,Saharsa in connection with Saharsa Sadar P.S. Case No. 1333/2017 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

Patna High Court CR. MISC. No.12955 of 2019(2) dt.05-03-2019 2/2 i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner 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, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U