Prakash Tatma @ Prakash Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77316 of 2018 Arising Out of PS. Case No.-115 Year-2018 Thana- JALALGARH District- Purnia ======================================================
1. Prakash Tatma @ Prakash Sharma Son of Late Kartik Sharma @ Tanti Lal Sharma
2. Upendra Tatma @ Upendra Sharma Son of Bugan Sharma @ Bugan Tatma All Resident of Village-Chak Hat P.S. Jalalgarh, District -Purnea ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Ram Prawesh Kumar, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 363, 365, 370, 302, 201 and 120B/34 of the Indian Penal Code registered in connection with Jalalgarh P.S. Case No. 115 of 2018.
3. It is submitted that the petitioners have been falsely implicated only on the basis of confessional statement of co-accused except which there is no material to connect the petitioners with the alleged occurrence. Similarly situated accused persons, namely, Bechan Sharma @ Sharvan Tatma and Sonu Sharma have been granted anticipatory bail by coordinate Bench of this Court vide order dated 08.01.2019 and 19.12.2018 passed in Cr. Misc. No. 78053 of 2018 and Cr. Misc. No. 55242 of 2018, respectively. The petitioners claim clean antecedents.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of
Patna High Court Cr.Misc. No.77316 of 2018(2) dt.17-01-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Purnea in connection with Jalalgarh P.S. Case No. 115 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions-- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/Chandran (Vikash Jain, J) U T