Patna High CourtCR. MISC./29303/2016bail granted

Tuntun Sharma v. The State Of Bihar

2016-08-29Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29303 of 2016 Arising Out of PS.Case No. -102 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Tuntun Sharma Son of Parmeshwari Sharma resident of village- Korlahi, Ward No.- 39, P.S. & District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-08-2016 Heard the counsel for the petitioner and Mr. M. Dayal, APP for the State.

The petitioner apprehends his arrest in Saharsa P.S. Case No. 102 of 2016 registered under Sections 427, 436, 379 of the Indian Penal Code and hence the anticipatory application. Indisputably, the petitioner is not named in the FIR. While the informant was sleeping, he was awaken by someone only to see that his car parked outside was put to ablaze. It is submitted that there is no motive assigned to the petitioner who is the owner of the Sharma Transport Company. The petitioner is the landlord of the company. Even according to the prosecution case, some tussle was going on between the Sharma Transport Company and Kanhaiya Transport Company.

Patna High Court Cr.Misc. No.29303 of 2016 (2) dt.29-08-2016 2/2 Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M at Saharsa in Saharsa P.S. Case No. 102 of 2016 subject to the condition as laid down under Section 438(2), the code of Criminal Procedure with further condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds. (Kishore Kumar Mandal, J) rohit/- U T