Sanjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23887 of 2018 Arising Out of PS.Case No. -410 Year- 2017 Thana -SUPAUL District- SUPAUL ======================================================

1. Sanjay Sharma S/o Raghu Sharma, R/o Vill.- Kajha, P.S. & DistrictSupaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhav Jha For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Supaul P.s. (O.P. Lokha) P.S.Case no.410 of 2017 dated 23.7.2017 , registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code. Allegation against the petitioner is of assault by Axe to Lalo Sharma causing injury.

Submission of the learned counsel for the petitioner is that there is land dispute between the parties and even the injures are simple in nature. He has been falsely implicated in this case. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioner, above named, in

Patna High Court Cr.Misc. No.23887 of 2018 (3) dt.18-06-2018 2/2 the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Supaul in connection with Supaul P.s. (O.P. Lokha) Case No.410 of 2017 dated 23.7.2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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 co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T