Sahitya Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39818 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -BAHADURPUR District- PATNA ====================================================== Sahitya Sharma, Son of Sri Binod Kumar @ Binod Sharma, Resident of Village-Ramtari, P.S.-Bihta, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and the State. Petitioner is apprehending arrest in connection with Bahadurpur P.S. Case No. 134/2016 for an offence under sections 143, 149, 353, 120(B), 504, 511 of the Indian Penal Code and 4/5 of the Explosive Substances Act.

Counsel for the petitioner submits that the petitioner has no criminal antecedent and the statement to that effect has been made in para-3 of the petition. He further submits that petitioner is not named in the FIR. His name surfaced in this case on the basis of suspicion by the police.

Referring to Para-10 of the petition, he submits that this petitioner has appeared at the examination of B. FTECHAPPAREL PRODUCTION.

Patna High Court Cr.Misc. No.39818 of 2017 (3) dt.17-10-2017 2/3 In this case, co-accused Navendu Kumar was granted anticipatory bail by this court vide order dated 17.7.2017 in Cr. Misc. No. 31525 of 2017.

Counsel for the petitioner submits that the case of this petitioner is similar to that of Navendu Kumar. Considering the fact that the petitioner has no criminal antecedent and he was not named in the FIR and similarly circumstanced other co-accused namely, Navendu Kumar was granted anticipatory bail by this court, let the petitioner, named above, be released on bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sushant Ranjan J.M. 1st Class, Patna City in connection with Bahadurpur P.S. Case No. 134 of 2016 subject to the condition as laid down under section 438(2) of the Cr.P.C.

Patna High Court Cr.Misc. No.39818 of 2017 (3) dt.17-10-2017 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner (Anil Kumar Upadhyay, J) Ravi/- U