Yogendra Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26317 of 2016 Arising Out of PS.Case No. -91 Year- 2013 Thana -PASRAHA District- KHAGARIA ======================================================

1. Yogendra Sharma, S/o Suresh Sharma

2. Ghanshyam Sharma, S/o Anandi Sharma

3. Kedar Sharma, S/o Late Mahabir Sharma

4. Pulkit Sharma, S/o Late Mahabir Sharma

5. Gonar Sharma, S/o Late Asarfi Sharma

6. Nandlal Sharma, S/o Late Saryug Sharma

7. Ganpati Sharma, S/o Late Mahabir Sharma.

All are residents of Village- Punour, P.S.- Pasraha, District- Khagaria .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 05-07-2016 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

It is contended on behalf of the petitioners that there is general and omnibus allegation against them, whereas, specific allegation of firing is upon Bhola Sharma, who has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 13.05.2014 passed in Cr. Misc. No.12839/2014 and modified vide Annexure-2 series.

Patna High Court Cr.Misc. No.26317 of 2016 (2) dt.05-07-2016 2/3 Having regard to the facts and circumstances of the case, let the petitioners, namely, Yogendra Sharma, Ghanshyam Sharma, Kedar Sharma, Pulkit Sharma, Gonar Sharma, Nandlal Sharma and Ganpati Sharma be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Pasraha P.S. Case No.91/2013, on furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

In view of the antecedents of the petitioners, they would be required to appear before the Superintendent of Police, Khagaria within fifteen days of their release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioners will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail bonds for the reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned which should be granted by

Patna High Court Cr.Misc. No.26317 of 2016 (2) dt.05-07-2016 3/3 the Superintendent of Police concerned upon their appearance. If the petitioners, after their release in this case, are again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of their bail bonds.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U T