Devendra Kumar Sharma @ Devendra Kr. Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 74817 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- SARAI RANJAN District- Samastipur ====================================================== Devendra Kumar Sharma @ Devendra Kr Sharma, Son of Ram Bihari Sharma, Resident of Village- Jiwarpur Kumhra, P.S.-Sarairanjan, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sujit Kumar Singh For the Opposite Party/s :

Mr.Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks anticipatory bail in a case registered under Section 382 of Indian Penal Code.

It is submitted by the petitioner's counsel that coaccused Nilendra Giri, on whose confessional statement petitioner has been implicated in this case, has been allowed bail vide order dated 29.05.2018 passed in Bail Petition No 362 of 2018 by the Court below itself. Petitioner is having no criminal antecedent and it is submitted that other than the statement of co-accused Nilendra Giri and his own confessional statement, there is no other material against him.

Considering the aforesaid submissions and the facts

Patna High Court Cr.Misc. No.74817 of 2018(2) dt.19-12-2018 2/2 and circumstances of the case, prayer for anticipatory bail is allowed. Let the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Samastipur in Sarairanjan Police Station Case No 24 of 2018 dated 19.03.2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code and also with the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T