Patna High CourtCR. MISC./26649/2020bail granted

Kailash Sharma v. The State Of Bihar

2021-01-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26649 of 2020 Arising Out of PS. Case No.-156 Year-2019 Thana- RUPAULI District- Purnia ====================================================== KAILASH SHARMA Son of Late Champaklal Sharma Resident of VillageKaukla, Police Station- Rupauli, District- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 351/307/302/120B/34 of the Indian Penal Code. Three unknown persons on a motorcycle fired causing injury to the father of the informant as a result whereof he died. One of the three was apprehended at the spot. His name was Ajit Kumar. Ajit Kumar in his confessional statement disclosed the name of two other co-culprit Dharmendra and Suraj. However, the petitioner and others, who are PDS dealers, are under suspicion that since the deceased was a PDS dealer there was rivalry for PDS shop between the deceased and petitioner and others. The petitioner has stated on oath that he has got no

Patna High Court CR. MISC. No.26649 of 2020(3) dt.29-01-2021 2/2 criminal antecedent.

Considering the fact that there is no direct material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Rupauli Police Station Case No.156 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T