Kalanand Sharma @ Kalnand Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53097 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.
Kalanand Sharma @ Kalnand Sharma Son of Late Asharfi Sharma Resident of Village- Sukaila, P.S.- Bhargama, District- Araria. 2.
Durganand Sharma Son of Late Asharfi Sharma Resident of VillageSukaila, P.S.- Bhargama, District- Araria. 3.
Dewanand Sharma Son of Late Asharfi Sharma Resident of Village- Sukaila, P.S.- Bhargama, District- Araria.
4.
Arabind Sharma Son of Kalanand Sharma Resident of Village- Sukaila, P.S.- Bhargama, District- Araria.
5.
Rabin Sharma Son of Kalanand Sharma Resident of Village- Sukaila, P.S.- Bhargama, District- Araria.
6.
Bhupendra Sharma @ Bhupen Sharma Son of Kalanand Sharma Resident of Village- Sukaila, P.S.- Bhargama, District- Araria. ... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.Bharat Bhushan(App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Bhargama P.S. Case No. 51 of 2019 for the offence punishable under Sections 341, 323, 324, 436, 379, 504 and 506/34 of the Indian Penal Code.
There is allegation of assault against these petitioners.
Learned counsel appearing on behalf of the petitioners has submitted that the petitioners are agnates and for
Patna High Court CR. MISC. No.53097 of 2019(2) dt.26-08-2019 2/2 the said occurrence, the petitioner No.1 has filed Bhargama P.S. Case No. 50 of 2019. He has submitted that the allegation constituting offence under Section 379 of the Indian Penal Code is evidently ornamental in nature.
Considering the facts and circumstances, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within six 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 J.M., Araria, in Bhargama P.S. Case No. 51 of 2019, 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) Pawan/- U T