Sanjay Sharma @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17277 of 2020 ======================================================

1. Sanjay Sharma @ Sanjay Kumar son of Rajendra Singh

2. Usha Deviwife of Sanjay Sharma @ Sanjay Kumar

3. Randhir Kumar @ Randhir Sharma @ Karu Singh son of Ramkewal Singh all R/o village- Kajari, P.S.- Paraiya, District- Gaya ... ... Petitioners

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No. 2, Adv.

For the Respondent/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-07-2020 Heard learned counsel for the petitioners and Mr. Akhileshwar Dayal, learned APP for the State. The petitioners in the present case are apprehending arrest in connection with Paraiya P.S. Case No. 130 of 2019 registered for the offences punishable under Sections 341, 337, 307, 302 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that so far as these petitioners are concerned, they have been made accused by way of over implication. There is no allegation of commission of any overt act against these petitioners. It is submitted that co-accused Amit Kumar who is similarly situated has been granted privilege of anticipatory bail by a learned coordinate Bench of this Court in Cr. Misc.No. 14149 of 2020.

Learned APP for the State has though opposed the prayer for anticipatory bail of these petitioners but on going through the

Patna High Court CR. MISC. No.17277 of 2020(2) dt.15-07-2020 2/2 allegations made in the First Information Report and upon noticing that so far as these petitioners are concerned, there is no specific allegation of commission of any overt act against these petitioners, this Court directs release of the petitioners above named on bail in case of their arrest or surrender within four weeks from today in connection with Paraiya P.S. Case No. 130 of 2019 on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate III, Gaya, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/arvindU T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.