Manoj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20007 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -BIHRA District- SAHARSA ======================================================

1. Manoj Sharma, Son of Tetar Sharma, Resident of VillagePanchgachhiya, P.S.- Bihra, District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subesh Sharma For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-05-2017 The petitioner is in custody since 09.03.2017 in connection with Bihra P.S. Case No. 14 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427 and 504 Indian Penal Code and Section 27 of Arms Act.

Allegation against petitioner and other co-accused pesons is of firing.

It has been submitted on behalf of the petitioner that petitioner was one of the persons, who was only present at the place of occurrence and there is no allegation of firing against him rather only general and omnibus allegation has been levelled for which he has been in custody since 09.03.2017 and other coaccused persons having similar allegation has already been

Patna High Court Cr.Misc. No.20007 of 2017 (2) dt.05-05-2017 2/3 granted regular bail by this Court vide order dated 25.04.2017 passed in Criminal Miscellaneous No. 19423 of 2017. Learned counsel for the State could not controvert the aforesaid submission.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and the period of custody and also other co-accused persons have already been granted bail, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Bihara P.S. Case No. 14 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the

Patna High Court Cr.Misc. No.20007 of 2017 (2) dt.05-05-2017 3/3 court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds (Vinod Kumar Sinha, J) sunil/- U T