Ajay Sharma @ Ajay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39005 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== Ajay Sharma @ Ajay Kumar Sharma son of late Parsuram Sharma R/o village Nalanda P.S. Ghoshi Dist. Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Ghoshi P.S. case no. 70 of 2018 instituted for the offence under Section(s) 147, 148, 149, 447, 506 and 387 of the Indian Penal Code and Section 27 of the Arms Act.

As per the written report informant who was managing Sarmam Ghat got information that some boys of Nandan Village stole sand for the purpose of selling. On information, the Mining Department recovered the sand. As a result of which, on 01.04.2018 in night accused persons including petitioners reached said Ghat and started saying that they suffered loss of Rs. 2 lacs on account of the informant and also made 20-25 rounds of firing in the air.

It is submitted that the Mining Department has received the

Patna High Court Cr.Misc. No.39005 of 2018(2) dt.04-07-2018 2/2 information and has seized the sand. There is general and and omnibus allegation in the written report against the petitioner. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Ghoshi P.S. case no. 70 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Jehanabad, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.