Kartik Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6366 of 2016 Arising Out of PS.Case No. -375 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Kartik Sharma S/o Rijhan Sharma resident of village - Karua, P.S. - Bakhtiyarpur, District - Saharsa.

2. Anmol Ram S/o Shambhu Ram resident of village - Atalkha, P.S. - Basnahi, District - Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking regular bail in connection with Bakhtiyarpur (Balwahat O.P.) P.S. Case No.357 of 2015, corresponding to G.R. No.2675 of 2015, registered for the offences punishable under Sections 392 of the Indian Penal Code and subsequently sections 395 and 412 of the Indian Penal Code were added.

Allegation has been made that on the point of gun the accused persons have looted the money from the dickey of the motor-cycle.

The Court below has recorded that the mobile number which was recovered from the possession of the petitioners does not tally with the phone number, which has been mentioned in the

Patna High Court Cr.Misc. No.6366 of 2016 (2) dt.29-02-2016 2/2 F.I.R. and so much so that the petitioners have not been put to the T.I. parade.

Having considered the facts and circumstances of the case, let the petitioners-Kartik Sharma and Anmol Ram be released on bail on furnishing bail bonds of Rs.10, 000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Bakhtiyarpur (Balwahat O.P.) P.S. Case No.357 of 2015, corresponding to G.R. No.2675 of 2015, subject to the conditions that:- (i) one of the bailors will be a close relative of the petitioners;

(ii) If the petitioners are found involved in similar type of case in future, the prosecution will be at liberty to make prayer for cancellation of their bail and the Court below will pass necessary order, including cancellation of bail and (iii) that the petitioners would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioners.

(Shivaji Pandey, J) pawan/- U