Lokesh Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1734 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -TEKARI District- GAYA ======================================================

1. Lokesh Sharma, son of Late Rameshyare Singh, resident of VillageParsawan, P.S.- Konch, District- Gaya.

2. Sanjay Singh, son of Nagina Singh, resident of Village- Bellahariya, P.S.- Tekari, District- Gaya.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dr. Anjani Pd. Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 The appellants seek regular bail in connection with Tekari P.S.Case No.143 of 2017 , registered for offences punishable under Section 148, 149, 323, 307, 509, 504, 506, and 354 of the Indian Penal Code read with Section 27 of theArms Act and Section and Section 3(i)(r)(s) of S.C./S.T. (POA) Act. Allegation against the appellants and others is of firing on Rakesh Kumar and Dilip Chaudhary due to disputes relating to lifting of sand from the river.

Submission of the learned counsel for the appellants is that there is a case and counter case between the parties and it is alleged that the appellants have fired on Rakesh Kumar and Dilip Choudhary and the impugned order itself shows that the injury report is available on the record. Now the appellants are in

Patna High Court CR. APP (SJ) No.1734 of 2017 (4) dt.19-07-2017 2/3 custody for more than three months Heard learned Special P.P. also.

Let the appellant above named, be released on bail on furnishing bail bonds of Rs.25,000 (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge S.C. and S.T.,Gaya in connection with Tekari P.S.Case No.143 of 2017, after setting aside order dated 29.5.2017 passed by the learned Special Judge S.C./S.T., Gaya in Tekari P.S.Case No.143 of 2017 dated 11.4.2017, subject to the following conditions:- (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) The appellants will not induce any witness or tamper with the evidence.

(iii) The appellants shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.

(iv) The appellants will not threat to any of the witnesses in this case, otherwise their bail bond shall be cancelled.

(Vinod Kumar Sinha, J) chn/- U

Patna High Court CR. APP (SJ) No.1734 of 2017 (4) dt.19-07-2017 3/3