Gorelal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35807 of 2022 Arising Out of PS. Case No.-95 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

Gorelal Sharma Son Of Late Sitavi Sharma Resident Of Village- Kishanpur, Ratwara, Police Station- Alamnagar O.P (Ratwara), District- Madhepura 2.

Mako Sharma @ Manohar Sharma Son Of Late Sitavi Sharma Bihar 3.

Vibhesh Kumar @ Vivek Kumar @ Parmanand Kumar @ Vivek Kumar Sharma @ Parmanand Sharma Son Of Sudhir Sharma Resident Of VillageKishanpur, Ratwara, Police Station- Alamnagar O.P (Ratwara), DistrictMadhepura 4.

Manish Kumar Son Of Sudhir Sharma Resident Of Village- Kishanpur, Ratwara, Police Station- Alamnagar O.P (Ratwara), District- Madhepura 5.

Bidio Kumar Son Of Sudhir Sharma Resident Of Village- Kishanpur, Ratwara, Police Station- Alamnagar O.P (Ratwara), District- Madhepura ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

This is the second attempt of the petitioners for obtaining anticipatory bail in connection with Alamnagar (Ratwara) P.S. Case No. 95 of 2019 registered under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code & Section 27 of the Arms Act.

Earlier the petitioners were granted anticipatory bail vide order dated 23.08.2022 in Cr. Misc. No. 3167 of 2020 but because the statement made by learned counsel for the petitioners that they are on bail in the cases stated in paragraph '3'

Patna High Court CR. MISC. No.35807 of 2022(3) dt.18-01-2023 2/2 which was not a correct statement their bail bonds could not be accepted by the learned court below.

Learned APP for the State has opposed the prayer for bail of the petitioners.

Having regard to the facts and circumstances of the case wherein these petitioners had been earlier granted bail vide order dated 23.08.2022 in Cr. Misc No. 3167 of 2020 but because the statement made by learned counsel for the petitioners that they are on bail in the cases stated in paragraph '3' which was not a correct statement their bail bonds could not be accepted by the learned court below, at this stage, this Court having been given to understand that now the petitioners are on bail in both the cases as stated in paragraph '3', this Court directs that the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds in terms of the order dated 23.08.2022 passed in Cr. Misc. No. 3167 of 2020.

The application is disposed of accordingly.

(Rajeev Ranjan Prasad, J) arvind/- U T