Sheopujan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13633 of 2017 Arising Out of PS.Case No. -618 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sheopujan Sharma S/o Sri Raja Ram Sharma, Resident of Village-Khairwa, P.S.-Choradano, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durga Narayan For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-03-2017 Heard the parties.

This application has been filed in connection with Turkaulia Banjaria P.S.Case No.618 of 2016 for the offence under Sections 406, 420 and 34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is not named in the F.I.R. and later on his name transpired in this case. He is in custody sine 30.12.2016. Another co-accused persons, who is named in the F.I.R. and against him there is specific allegation, had already been granted bail by this Court, vide order dated 10.02.2017 passed in Cr.Misc. No.4347 of 2017. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that another co-accused has already been granted bail by this Court and the

Patna High Court Cr.Misc. No.13633 of 2017 (2) dt.23-03-2017 2/2 case of the petitioner is on better footing than the co-accused, let the petitioner, above named, be enlarged 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 learned District Judge, East Champaran in connection with Turkaulia (Banjaria) P.S.Case No.618 of 2016.

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 disposal of trial and make himself 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 genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U