Devendra Sharma @ Devendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18461 of 2019 Arising Out of PS. Case No.-355 Year-2017 Thana- DAUDNAGAR District- Aurangabad ====================================================== SANJEEV SHARMA @ SANJEEV KUMAR, Son of Triyogi Sharma, Resident of Village - Shamsher Nagar, P.S.- Daudnagar, Distt - Aurangabad. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 18568 of 2019 Arising Out of PS. Case No.-355 Year-2017 Thana- DAUDNAGAR District- Aurangabad ====================================================== DEVENDRA SHARMA @ DEVENDRA KUMAR, Son of Late Nawal Sharma, Resident of Village - Shamsher Nagar, P.S.- Daudnagar, District - Aurangabad.

... ... Petitioner

Versus

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

(In CRIMINAL MISCELLANEOUS No. 18461 of 2019) For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Abhay Kumar (In CRIMINAL MISCELLANEOUS No. 18568 of 2019) For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2019 As both the cases arise out of the same P.S. case number, they have been taken up together for disposal. Petitioners in both the cases seek bail in anticipation of their arrest in connection with Daudnagar P.S. Case No. 355 of 2017 registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.18461 of 2019(4) dt.18-06-2019 2/3 Prosecution case as per fardbeyan is that son of the informant went outside the house and did not return next morning and his dead body was found lying in the canal with sharp cutting injuries over the dead body. It is also alleged that petitioners and others were seen in the company of the deceased.

Submission of learned counsel for the petitioners is that except suspicion on the ground of last seen there is no other circumstances against the petitioners and co-accused, having similar allegation, has been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 15.4.2019 passed in Cr.Misc.No. 69300 of 2018. Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Daudnagar P.S. Case No. 355 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further

Patna High Court CR. MISC. No.18461 of 2019(4) dt.18-06-2019 3/3 condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T