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Patna High CourtCR. MISC./34569/2019bail granted

Yogender Sharma @ Jogendra Sharma v. The State Of Bihar

2019-05-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34569 of 2019 Arising Out of PS. Case No.-353 Year-2018 Thana- KONCH District- Gaya ====================================================== 1.

YOGENDER SHARMA @ JOGENDRA SHARMA, aged about 55 years, Male, Son of Late Naresh Sharma Resident of Village - Parsawan, P.S.- Konch, Distt - Gaya. Pin - 824207.

2.

Rahul Kumar @ Rahul Sharma, aged about 28 years, Male, Son of Yogender Sharma Resident of Village - Parsawan, P.S.- Konch, Distt - Gaya. Pin - 824207.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 354, 504 and 506/34 of the Indian Penal Code. The prosecution case is that the son of the informant Manjeet Kumar while coming from Konch market, surrounded by accused persons surrounded and accused Manoranjan Sharma @ Priyaranjan Sharma ordered to kill upon which coaccused Sashiranjan Sharma assaulted with iron rod on the head of the son of the informant. Thereafter all accused persons pressed the neck of the son of the informant and also snatched Rs.6,000/- of the informant's wife.

Patna High Court CR. MISC. No.34569 of 2019(2) dt.29-05-2019 2/2 The contention of the petitioners is that the petitioners have falsely been implicated. It is further submitted that injuries are simple in nature and caused by hard and blunt substance. It is also submitted that alleged occurrence has taken place on 27.12.2018 but the FIR has been instituted after three days, i.e., on 30.12.2018. Petitioners have got no criminal antecedent. Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 learned Additional Chief Judicial Magistrate, Gaya/successor Court in connection with Konch P.S. Case No. 353 of 2018 arising out of G.R.No.8498 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners. B.Kr.