Sanjeev Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48256 of 2017 Arising Out of PS.Case No. -308 Year- 2014 Thana -ROSERA District- SAMASTIPUR ====================================================== Sanjeev Sharma, Son of Rajendra Sharma, R/o Village- Gaighat, P.S.- Roshra, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vinay Kumar, Advocate For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 17-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Rosera P.S. Case No. 308 of 2014 registered under Sections 379/411 of the Indian Penal Code.

It is contended that the petitioner is neither named in the FIR nor any recovery of incriminating article was made from his possession or from his house. In course of investigation in the confessional statement made by one Ram Sewak Paswan, name of several persons including the petitioner transpired. Out of them, co-accused Surendra Paswan, Lalit Paswan, Sushil Paswan, Lalan Paswan, Gobind Paswan, Nandan Paswan, Mukesh Paswan, Sanoj Paswan and Nanhaki Paswan have

Patna High Court Cr.Misc. No.48256 of 2017 (2) dt.17-10-2017 already been granted pre-arrest bail by a Bench of this Court vide order dated 19.09.2017 passed in Cr. Misc. No.42899 of 2017. A copy of the aforesaid order dated 19.09.2017 has been produced in course of argument.

On the other hand, learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner.

Considering the nature of allegation as well as the fact that several other co-accused having identical allegation have been granted privilege of pre-arrest bail, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rosera, Samastipur in connection with Rosera P.S. Case No. 308 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T