Manoj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38723 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

Manoj Sharma Son Of Bhikho Sharma Resident Of Village-Khairho, Police Station-Purani, District-Madhepura.

2.

Jay Kishor Sharma Son Of Keshi Sharma Resident Of Village-Khairho, Police Station-Purani, District-Madhepura.

3.

Keshi Sharma Son Of Soati Sharma Resident Of Village-Khairho, Police Station-Purani, District-Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikram Singh, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in connection with Naugachiya P.S. case No.18/2020 registered under Sections 302/201/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioners committed murder the son of the informant. It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.38723 of 2020(2) dt.13-09-2021 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The informant is not an eye witness to the alleged occurrence. The names of the petitioners have transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in this case.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned IIIrd Additional Chief Judicial Magistrate, Naugachiya (Bhagalpur) in connection with Naugachiya P.S. case No.18/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.38723 of 2020(2) dt.13-09-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T