Patna High CourtCR. MISC./19110/2016bail granted

Rakesh Kumar Sharma And ANR v. The State Of Bihar

2016-05-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19110 of 2016 Arising Out of PS.Case No. -280 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Rakesh Kumar Sharma Son of Omkar Nath Sharma, resident of Bharauli Ibrahimpur, P.S.- Jiyanpur, District- Azamgarh (U.P.)

2. Krishna Kumar Singh, son of R.S. Singh @ Ram Sharif Singh, Resident of Mohalla- Railway Ganj, P.S.- Hardoi, District- Hardoi (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State 2. This application for anticipatory bail arises out of Kargahar P.S. case No. 280 of 2015, disclosing offences under Sections 414,120B/34 of the Indian Penal Code. Learned counsel for the petitioners submits that from the trucks owned by them, stolen coal was allegedly recovered by the police. It has been submitted that drivers of the trucks fled away and these petitioners have been implicated on the sole ground that they are owners of the trucks. He has further submitted that otherwise, there is no material against these petitioners. The petitioners have no criminal antecedents as has been stated in

paragraph 3 of the application.

Considering the above, this application is allowed. Let the petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Rohtas, Sasaram in Kargahar P. S. Case No. 280/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U