Patna High CourtCR. MISC./31361/2020bail granted

Om Prakash Sharma v. The State Of Bihar

2020-12-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31361 of 2020 Arising Out of PS. Case No.-398 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

OM PRAKASH SHARMA, Son of Shyam Chandra Sharma Resident of Village - Sahtha, P.S.- Bhagwanpur, District - Vaishali at Hajipur. 2.

Dheeraj Kumar Sahani @ Dheeraj Sahni, Son of Madhu Sahni Resident of Village - Dumrikala, P.S.- Mejarganj, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-12-2020 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in connection with Phulwarisharif P. S. Case No. 398 of 2019 dated 19.04.2019, instituted for the offence under Section 395 of the Indian Penal Code.

It has been argued on behalf of the petitioners that they have not been named in the F.I.R. and their implication in this case is on the basis of confession of a co-accused person. No test identification parade has been held and nothing has been recovered from the

Patna High Court CR. MISC. No.31361 of 2020(2) dt.02-12-2020 2/2 possession of the petitioners as well.

Similarly situated persons have stated to have been granted bail by a Bench of this Court.

The petitioners are stated to be in custody since 17.11.2019.

Regard being had to the afore-stated facts, the petitioners, above-named, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XV, Patna. in connection with Phulwarisharif P. S. Case No. 398 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T