Kamlesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58324 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -PURANHIA District- SHEOHAR ======================================================

1. Kamlesh Sharma Son of Jaymangal Sharma resident of village - Basantpatti, P.S. - Purnahiya, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prabhat Kumar For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Purnahiya P.S. Case No. 63 of 2017 instituted for the offence under Section-307 & other minor Sections of the Indian Penal Code and 27 of the Arms Act. It has been submitted that there is general and omnibus allegation against him in the written report that due to death of a boy of 17 years old in a motor accident, several people have assembled and were doing agitation. The petitioner is also named as one of the members of the unlawful assembly.

Counsel for the petitioner has submitted that there is allegation against this petitioner that he has assaulted one of the members of police party but there is no injury report on record. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of

Patna High Court Cr.Misc. No.58324 of 2017 (2) dt.19-12-2017 his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Purnahiya P.S. Case No. 63 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Sheohar subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) A.K.V./- U T