Kallu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33390 of 2015 Arising Out of PS.Case No. -201 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== Kallu Sharma Son of Late Baikunth Sharma Resident of Village - Rainath P.S.- Karpi (Binshio.p) District - Arwal .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 21-08-2015 Learned counsel for the petitioner is permitted to make necessary correction in para-1 of the petition. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.

The allegation against the petitioner is that he was only the member of the mob.

It is submitted by the learned counsel for the petitioner that no overt act has been alleged against him. It appears from the order, copy of which has been placed as Annexure-2, of the learned court below that in similar facts and circumstances, co-accused Tahalu Rajak has been granted anticipatory bail.

Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing prayer for bail.

Considering the facts and circumstances of this

Patna High Court Cr.Misc. No.33390 of 2015 (2) dt.21-08-2015 2 / 2 case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jehanabad in Karpi P.S. Case No. 201 of 2014 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence on two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T