Ramakant Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14919 of 2016 Arising Out of PS.Case No. -185 Year- 2015 Thana -JAHANABAD District- JEHANABAD ====================================================== Ramakant Sharma, son of late Bindeshwar Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-04-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 307/34, 326, 120B of the Indian Penal Code and 27 of the Arms Act. Prosecution case is that co-accused Pintu Sharma and the petitioner belonging to the group of Pappu Sharma came with motorcycle at the petrol pump when co-accused Arif was giving information to other accused persons and the petitioner pointed out finger towards the informant and allegedly the maternal brother of Pappu Sharma fired from pistol and thereafter other accused persons started resorting to fire when injury was caused to the informant.

It is submitted by learned counsel for the petitioners that specific case of the informant is that firing was made by the

Patna High Court Cr.Misc. No.14919 of 2016 (2) dt.08-04-2016 2/2 maternal brother of Pappu Sharma. Paragraph 17 of the case diary suggests that name of the maternal brother of Pappu Sharma is Satish Sharma and only one injury has been found caused to the informant. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Moreover co-accused Gaurav Kumar @ Girijesh has been granted bail vide Criminal Miscellaneous No.46070 of 2015. Considering the fact that specific accusation of firing in the F.I.R.

is against maternal brother of Pappu Sharma coupled with a statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Jehanabad in connection with Jehanabad P.S. Case No.185/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T