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Patna High CourtCR. MISC./17095/2019bail granted

Arvind Sharma v. The State Of Bihar

2019-03-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17095 of 2019 Arising Out of PS. Case No.-365 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== 1.

Arvind Sharma Son of Jai Ram Sharma Resident of Village - Koyari Bigha, P.S.- Main, Distt - Gaya.

2.

Ranjay Kumar Son of Jagdish Sharma Resident of Village - Koyari Bigha, P.S.- Main, Distt - Gaya.

3.

Kaushal Sharma Son of Uday Sharma @ Ram Uday Sharma Resident of Village - Koyari Bigha, P.S.- Main, Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 342, 387, 307 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in short, is that the accused persons stopped the tractor and assaulted its driver and when the informant reached there, he was also assaulted by them. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.17095 of 2019(2) dt.28-03-2019 2/2 petitioners. The petitioners have falsely been implicated in the present case due to business rivalry relating to trade of sand. Multiple cases have been instituted by both the sides. No one sustained injury in course of occurrence. Except for the ocular evidence, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XI, Gaya in connection with Belaganj P.S. Case No. 365 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T