Bijendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26028 of 2019 Arising Out of PS. Case No.-82 Year-2018 Thana- PASRAHA District- Khagaria ====================================================== 1.

BIJENDRA SHARMA Son of Saryug Sharma, Resident of village- Paikant, P.S.- Pasraha, District- Khagaria.

2.

Dilkhus Kumar, Son of Bechan Sharma, Resident of village- Paikant, P.S.- Pasraha, District- Khagaria.

3.

Sanjay Sharma, Son of Late Siyaram Sharma, Resident of village- Paikant, P.S.- Pasraha, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Pasraha P.S. Case No. 82 of 2018 (G.R.No.1634 of 2018), disclosing offences under Sections 147, 149, 379, 307 and 504 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that, though there are altogether nine persons named in the FIR, including these petitioners, the charge sheet has been submitted against the co-accused Ranveer Sharma only after completion of investigation and these petitioners have not been sent up for trial. However, differing with the police report, the learned court

Patna High Court CR. MISC. No.26028 of 2019(2) dt.22-04-2019 2/2 below has taken cognizance and issued summonses against these petitioners also.

Considering the circumstance that investigation is complete and no tangible purpose will be served if the petitioners are taken into custody, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned CJM, Khagaria in Pasraha P.S. Case No. 82 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T