Bhopal Sharma @ Jaikant Sharma And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.64075 of 2018 (2) dt.02-11-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64075 of 2018 ======================================================

1. Bhopal Sharma @ Jaikant Sharma, S/o Late Ram Sewan Sharma,

2. Mantu Kumar @ Mantu Sharma @Manish Kumar, S/o Bhopal Sharma @ Jaikant Sharma, Both Resident of Village-Rukunpura, P.S.-Khiri More, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners seek bail in Khiri More P.S. Case No. 100/2017 (G.R. No. 4108/2017), registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and section 27 of the Arms Act.

Informant alleged all the accused persons including the petitioner committed murder of his son by fire-arm while he was returning to his home.

It has been submitted that petitioners have falsely been implicated in this case. There is no specific allegation against them. The specific allegation of firing is against Rahul Kumar @ Dullu Kumar. There is land dispute between the parties. Co-

Patna High Court Cr.Misc. No.64075 of 2018 (2) dt.02-11-2018 accused has been granted bail vide order dated 08.10.2018 passed in Cr. Misc. No. 62490/2018.

Petitioners have no criminal antecedent. They are in custody since 25.07.2018.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna in connection with Khiri More P.S. Case No. 100/2017, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T