Patna High CourtCR. MISC./45051/2016bail granted

Anjani Sharma And ORS v. The State Of Bihar

2016-12-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45051 of 2016 Arising Out of PS.Case No. -137 Year- 2016 Thana -KURTHA District- JEHANABAD ======================================================

1. Anjani Sharma son of late. Ganesh Sharma. null

2. Subhash Sharma son of Sri. Mahesh Sharma.

3. Sudi Sharma son of Sri. Sanjay Sharma. All r/o Village- Barahia P.S. Kurtha, District Arwal.

4. Sahendra Singh s/o late. Dukhi Singh, resident of Village Raja Hari, P.S.- Paraiya, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sharma For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kurtha ( Manijpur) Police Station Case No.137 of 2016 registered for the offences punishable under Sections 341, 323, 406, 501, 506 of the Indian Penal Code.

Almost all the sections are bailable in nature except section 406 of the Indian Penal Code and submission on behalf of the petitioners is that no land was sold and, therefore, question of giving Rs. 12 lacs does not arise. Moreover, the application of section 406 is also doubtful.

Patna High Court Cr.Misc. No.45051 of 2016 (2) dt.16-12-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, Jahanabad in Kurtha ( Manijpur) Police Station Case no. 137 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T