Arun Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21986 of 2018 Arising Out of PS.Case No. -142 Year- 2017 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ====================================================== Arun Sharma Son of Late Rajendra Singh Resident of Village-Daulatpur, P.S.-Telhara, District-Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jayram Sharma For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 26-04-2018 Heard.
The petitioner apprehends arrest in connection with Telhara P.S.Case No.142 of 2017 registered for an offence under Section 307 and other Sections of the IPC.
Allegation as per FIR is that this petitioner and other coaccused assaulted the informant by means of lathi and Danda. It has been submitted that all the sections are bailable except Section 307 of the IPC. On the date of occurrence, it was the informant and his men who forming unlawful assembly came at the place of occurrence and brutally assaulted the petitioner and his family members. The informant his brother their family members killed his son of the petitioner and also caused injury to other family members for which Telhara P.S.Case No.141 of 2017 was registered against the
Patna High Court Cr.Misc. No.21986 of 2018 (2) dt.26-04-2018 2/3 informant and his family members for the offence under Section 302 and other Sections of the IPC. In course of investigation, the police recovered fire arms/gun from the house of the informant for which Telhara P.S.case No.143 of 2017 was registered under the Arms Act. The injury report on record shows that the informant sustained simple injury.
The learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Hilsa of Nalanda in connection with Telhara P.S.Case No.142 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(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 cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any
Patna High Court Cr.Misc. No.21986 of 2018 (2) dt.26-04-2018 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T