Ram Chandra Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47907 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================
1. Ram Chandra Sharma, Son of Late Ramuna Sharma
2. Daroga Sharma, S/o Kapil Sharma
3. Tarkeshwar Sharma, S/o Late Hira Sharma, All of Residents of VillageHardia, P.O.- Chamanpura, P.S.- Baikunthpur, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Shankar For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Baikunthpur P.S. Case No. 99 of 2017 instituted for the offence under Sections-379 & other minor Sections of the Indian Penal Code.
It has been submitted that there is case and counter case between the parties. The petitioner No. 1 has lodged the FIR bearing Baikunthpur P.S. Case No. 98 of 2017 against the informant and others. In the instant case, there is general and omnibus allegation against the petitioners.
From the written report itself, it appears that there is land dispute between the parties.
In such circumstances, prayer for anticipatory bail is
Patna High Court Cr.Misc. No.47907 of 2017 (2) dt.17-10-2017 2/2 allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Baikunthpur P.S. Case No. 99 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Gopalganj subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) A.K.V./- U T