Kaushal Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57307 of 2017 Arising Out of PS.Case No. -62 Year- 2003 Thana -SHAKURABAD District- JEHANABAD ====================================================== Kaushal Sharma, S/o Sugan Sharma @ Ram Sewan Sharma, resident of Village- Noawan, P.S.- Sakurabad, District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is permitted to make necessary correction in father's name of the petitioner in the bail petition during course of the day.
The petitioner apprehends his arrest in Shakurabad P.S. Case No. 62 of 2003 instituted for the offence under Sections 147, 148, 149, 342, 307, 353, 120B of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner has submitted that petitioner has clean antecedent. His name is appearing in the written report but without parentage and described the petitioner as nephew of Jalesh Sharma. The police since the year 2017 is looking after this petitioner on the basis of process issued by the
Patna High Court Cr.Misc. No.57307 of 2017 (3) dt.07-12-2017 2/3 court in the name of petitioner as son of Ram Sevak Sharma, whereas the father's name of this petitioner is Sugan Sharma @ Ram Sewan Sharma. It has further been submitted that co-accused Rakesh Kumar @ Rakesh Sharma, has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 27.11.2004 passed in Cr. Misc. 24039 of 2004. In the written report mere suspicion has been raised against this petitioner and other accused persons. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Shakurabad P.S. Case No.
62 of 2003, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
(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
Patna High Court Cr.Misc. No.57307 of 2017 (3) dt.07-12-2017 3/3 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) S.Ali/- U T