Nitya Nand Sharma v. The State Of Bihar
Patna High Court Cr.Misc. No.6992 of 2016 (2) dt.02-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6992 of 2016 Arising Out of PS.Case No. -41 Year- 2013 Thana -BIHPUR District- BHAGALPUR ======================================================
1. Nitya Nand Sharma Son of Rajendra Sharma Resident of Village + P.O. - Hario, P.S. - Bihpur, District - Bhagalpur..... .... Petitioner
Versus
1. The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER s02-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner seeks bail in connection with Bihpur P.S. Case No. 41 of 2013 registered for the offences punishable under Sections 302, 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
This case was lodged against unknown person and the name of the petitioner came during course of investigation in confessional statement of co-accused Surendra Singh who has already been granted privilege of bail by another co-ordinate Bench of this Court. The petitioner happens to be the co-villager of the informant but he is not named in the first information report, other co-accused Gautam Singh and Vakil Singh have also been admitted to bail vide Cr.Misc. No. 34398 of 2015 and 29002 of
Patna High Court Cr.Misc. No.6992 of 2016 (2) dt.02-03-2016 2015 by other co-ordinate Benches of this Court. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Naugachia, Bhagalpur in connection with Bihpur P.S. Case No. 41 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) avin/- U T