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Patna High CourtCR. MISC./38289/2020bail granted

Yodolal Sharma v. The State Of Bihar

2022-04-28Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38289 of 2020 Arising Out of PS. Case No.-33 Year-2020 Thana- LAURIA District- West Champaran ====================================================== 1.

Yodolal Sharma son of Late Ganesh Sharma resident of village- Khap Tola, Barwa, P.s.- Lauriya, District- West Champaran 2.

Ramakant Sharma Son of Late Ganesh Sharma resident of village- Khap Tola, Barwa, P.s.- Lauriya, District- West Champaran 3.

Rajesh Sharma Son of Ramakant Sharma resident of village- Khap Tola, Barwa, P.s.- Lauriya, District- West Champaran 4.

Manju Devi wife of Yadolal Sharma resident of village- Khap Tola, Barwa, P.s.- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Amarendra Nath Verma, Advocate For the Opposite Party :

Mr. Sanjeev Kumar, APP Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-04-2022 Due to non-availability of file, the order dated 28.04.2022 could not be typed on time.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Lauriya P.S. Case No. 33 of 2020 registered for offences under Sections 147, 148, 149, 341, 323, 324, 307, 448, 380, 504 of the Indian Penal Code.

So far as, petitioner no. 3 (Rajesh Sharma) is concerned, considering the allegations, his application is

Patna High Court CR. MISC. No.38289 of 2020(9) dt.28-04-2022 2/3 dismissed with an observation that if the petitioner surrenders in the court below and prays for regular bail, the same shall be considered on its own merits without being prejudiced by this order. The court below will also consider the fact that similarly situated accused persons have been granted anticipatory bail by this Court.

So far as, petitioner nos. 1, 2 and 4 are concerned, considering the fact that there is a case and counter case and the petitioners are agnates and that there is general and omnibus allegation against them, their application for anticipatory bail is allowed.

Accordingly, let the petitioners, namely, Yadolal Sharma, Ramakant Sharma and Manju Devi, in the event of their arrest or surrender within four weeks from date of uploading of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st A.C.J.M., Bettiah, West Champaran in connection with Lauriya P.S. Case No.33 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as and when

Patna High Court CR. MISC. No.38289 of 2020(9) dt.28-04-2022 3/3 required and in the event of failure on their part to appear before the Police/Court as and when required, their bail bonds shall be liable to be cancelled.

(Sandeep Kumar, J) BT/- U