Upendra Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29008 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -MEHANDIA District- JEHANABAD ======================================================

1. Upendra Sharma Son of Late Ram Bihari Sharma Resident of Village - Belsar, P.S. - Mehandia, District - Arwal.

2. Bankatesh Sharma @ Binktesh Kumar Son of Badri Sharma Resident of Village - Belsar, P.S. - Mehandia, District - Arwal.

3. Baleshwar Sharma Son of Late Dukhit Sharma Resident of Village - Belsar, P.S. - Mehandia, District - Arwal.

4. Mirtunjay Mishra Son of Rajendra Mishra Resident of Village - Belsar, P.S. - Mehandia, District - Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar & Mr. Santosh Kumar Pandey For the Opposite Party/s : Mr. Sri Lalan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Mehandia P.S. Case no. 11 of 2016 registered under sections 420, 467, 468, 471, 120-B of the Indian Penal Code and Section 7 of the Essential Commodities Act.

It is contended that co-accused Nawal Kishore Sharma, Anil Kumar @ Anil Kumar Sharma and Umesh Sharma @ Umesh Singh and others have already been granted pre-arrest bail vide orders dated 01.07.2016 passed in Criminal Misc. No. 26175 of 2016, 03.05.2016 passed in Criminal Misc. No. 15621 of 2016 and 01.07.2016 passed in Criminal Misc. No. 27282 of 2016

Patna High Court Cr.Misc. No.29008 of 2016 (2) dt.26-07-2016 by different Benches of this Court. It is submitted by the learned counsel for the petitioners that the case of the petitioners stands either on the same footing or on better footing than that of the other co-accused persons who have already been granted pre-arrest bail.

While opposing the application for grant of prearrest bail to the petitioners, it is submitted by the learned counsel for the State that other accused persons were granted pre-arrest bail on the condition of deposit of certain amount which is alleged to have been defalcated.

Regard being had to the fact that other coaccused persons have been granted pre-arrest bail by different Benches of this Court, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Ashwani Kumar Singh, J) Amin/- U