Sandev Sharma @ Shyamdeo Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20549 of 2019 Arising Out of PS. Case No.-59 Year-2018 Thana- BHARGAMA District- Araria ====================================================== 1.
Sandev Sharma @ Shyamdeo Sharma aged about 53 years (M) Son of Late Nirdhan Sharma 2.
Bechni Devi aged about 50 years (F) Wife of Sandev Sharma Both are residents of Village-Sirsiya Hanumanganj, Police StationBhargama, District-Araria. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code registered in connection with Bhargama P.S. Case No. 59 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The specific accusation of assault is against petitioner no. 1 but injuries resulting from the assault alleged against the petitioners are simple in nature. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten
Patna High Court CR. MISC. No.20549 of 2019(2) dt.04-04-2019 2/2 thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 59 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That petitioner no. 1 shall remain physically present in court on each and every date during trial; and petitioner no. 2 shall be well represented in court on each and every date during trial except as and when directed by the learned court to be physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/- (Vikash Jain, J) U T