← Library
Patna High CourtCR. MISC./10617/2017bail granted

Fuldeo Sharma And ORS v. The State Of Bihar

2017-03-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10617 of 2017 Arising Out of PS.Case No. -27 Year- 2007 Thana -BARAUNI (BIRPUR) District- BEGUSARAI ======================================================

1. Fuldeo Sharma, S/o Late Bahor Sharma

2. Prem Kumar Sah, S/o Ram Bharosha Sah,

3. Balmiki Sharma, S/o Ramji Sharma.

4. Gita Sharma, S/o Late Ramavtar Sharma, All Resident of Village- Saraunza, P.S. Birpur, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Advocate. For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Barauni (Birpur) P.S. Case No. 27 of 2007 instituted for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code. It is alleged that the informant Umesh Paswan on hearing that a man had just now been murdered near Mohanpur Chowk by some unknown persons, he went there and found one dead body of 25 years old man identified as Ansar Mian @ Puria. The informant further alleged that since the deceased was a road robber he might have been killed by somebody due to rivalry. The Sessions Judge has mentioned that the Police

Patna High Court Cr.Misc. No.10617 of 2017 (2) dt.10-03-2017 2/2 after investigation submitted Final Form and thereafter the learned Magistrate took cognizance. From the order of the learned District & Sessions Judge, it appears that there is no substantive material in the case diary against the petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Barauni (Birpur) P.S. Case No. 27 of 2007, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 4th, Begusarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T