Bipin Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.30719 of 2017 (3) dt.11-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30719 of 2017 Arising Out of PS.Case No. -26 Year- 2015 Thana -BELDAUR District- KHAGARIA ====================================================== Bipin Sharma son of Sudhir Mistri, Resident of Village- Bhojutol Basa, P.S.- Beldour, District- Khagaria.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ravi Ranjan, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 05.05.2017 in connection with Beldaur P.S. Case No. 26 of 2015 for the offences alleged under Sections 302, 201, 120B/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and even according to the F.I.R. no overt act of assault has been attributed to the petitioner. The petitioner's case stands on better footing than co-accused Parmanand Sharma who has been granted bail by this Court in Cr. Misc. No. 1028 of 2017 along with accused Vidhan Sharma. Petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.30719 of 2017 (3) dt.11-08-2017 (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria, in connection with Beldaur P.S. Case No. 26 of 2015, on the following conditions:- (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 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.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) Md. Ibrarul/Chandran U T