Sanjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18765 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- MUFFASIL District- Aurangabad ====================================================== SANJAY SHARMA, S/o Late Surendra Sharma, R/o village- Khudwa, P.S.- Khudwa, District- Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Aurangabad Muffasil P.S. Case No. 213 of 2018 registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

Allegation as per FIR is that the dead body of son of the informant, who was driver of truck carrying the sand, was found lying on Patna road and he was taken to hospital and informant suspects the hand of the petitioner as deceased was working as driver of the truck of the petitioner one year ago and there was threatening from him.

Submission of learned counsel for the petitioner is that the materials collected during investigation in the case diary disclosed nothing against the petitioner except that deceased was driving the truck of the petitioner one year ago and on the other hand, the material disclosed that deceased had money transaction with other

Patna High Court CR. MISC. No.18765 of 2019(4) dt.18-06-2019 2/2 co-accused and deceased was in drunken condition. Further it has been submitted that CDR location disclosed that petitioner was at Gaya at 5 P.M.

Heard learned APP and learned Sr.counsel for the informant, who has opposed the prayer for anticipatory bail but he could not point out any other circumstance except that deceased was driver of the petitioner earlier.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Muffasil P.S. Case No. 213 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

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