Komal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44758 of 2018 Arising Out of PS.Case No. -88 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Komal Sharma, S/o Mukesh Sharma @ Mukesh Kumar Sharma, R/o Vill.- Balhan, P.S.- Kanti (Panapur O.P.), District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yugal Kishore, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Kanti P.S. Case No.88 of 2017 instituted for the offence under Section(s) 307/34 Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioner submits that in the written report the informant has alleged that unidentified person had fired upon him on account of which he sustained injury. Name of the petitioner has come in the confessional statement of co-accused, Jeetnedra Kr. Thakur @ Golu Thakur @ Muntun thakur, who was arrested in connection with Kanti P.S. Case No.178 of 2017. It has been submitted that co-accused, Adarsh Kumar, has been granted anticipatory bail by this Court by order dated 16.05.2018 passed in Cr. Misc. No.24488 of 2018.

Patna High Court Cr.Misc. No.44758 of 2018 (2) dt.01-08-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Kanti P.S. Case No.88 of 2017, 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 the Sub-Divisional Judicial Magistrate, West, Muzaffarpur, subject to the conditions as laid down under Section 438(2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- U T