Raushan Sharma @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16929 of 2017 Arising Out of PS.Case No. -90 Year- 2015 Thana -SIGORI District- PATNA ======================================================
1. Raushan Sharma @ Raushan Kumar, son of late Akalu Sharma, resident of village- Nadhari, P.S.- Sigori, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Opposite Party/s : Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Sigori P.S. Case No.90 of 2015 instituted for the offence under Section(s) 302, 201 Indian Penal Code.
It is alleged that father of the informant had gone to bring medicine for his mother from the medicine shop of Amrendra, but he did not return. Thereafter, the informant searched his father, but could not get any trace. The informant learnt on 29.08.2015 that his father has been murdered and his dead body is lying in Uttar Bagicha. The informant reached there and saw the dead body of his father. Head had been cut by sharp weapon. Several injuries were also found on abdomen and chest. Petitioner is not named in the First Information Report.
Patna High Court Cr.Misc. No.16929 of 2017 (3) dt.22-09-2017 2/3 Case diary has been received. The Additional Sessions Judge has mentioned in the impugned order that the name of this petitioner has been taken by the uncle of the deceased, Manoj Bind, stating that the deceased was last seen with this petitioner. Besides this, there is no allegation of any specific overt act against the petitioner.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sigori P.S. Case No.90 of 2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at
Patna High Court Cr.Misc. No.16929 of 2017 (3) dt.22-09-2017 3/3 liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T