Sudama Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54201 of 2016 Arising Out of PS.Case No. -172 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Sudama Sharma, Son of Late Bhola Thakur, resident of Madhopur, P.S.- Motipur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Motipur P.S. Case No. 172 of 2016, G.R. No. 1367 of 2016 instituted for the offences punishable under Sections 399, 402, 414, 120B of the Indian Penal Code and under Sections 25(1-b)a, 2(ii) and 35 of Arms Act.

On the basis of self statement of Officer-in-Charge of Motipur, Police Station, the case has been registered alleging that on secret information, he along with other officials proceeded towards line hotel on N.H. 28, where few persons had assembled for committing robbery. As soon as the police reached near hotel, the accused persons assemble there started flee away and out of them, the police party apprehended eight accused persons. It is

Patna High Court Cr.Misc. No.54201 of 2016 (2) dt.21-12-2016 2/2 alleged that from possession of this petitioner one loaded country made pistol and live cartridges were recovered. The apprehended accused persons confessed their guilt and disclosed the name of other co-accused.

Learned counsel for the petitioner submits that similarly situated co-accused persons have been granted bail by a coordinate Bench of this Court, details whereof is stated in paragraphs 13, 14 and 15 of the bail petition. The petitioner is in custody since 14.06.2016.

Considering the nature of the allegations and similarly situated co-accused persons have been released on bail, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, West Muzaffarpur in connection with Motipur P.S. Case No. 172 of 2016 subject to the condition that:

(i) The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

rohit/- (Sanjay Kumar, J) U T