Hemant Saran @ Kundan Sharma @ Hemant Sharma @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4089 of 2016 Arising Out of PS.Case No. -297 Year- 2014 Thana -JAHANABAD District- JEHANABAD ====================================================== Hemant Saran @ Kundan Sharma @ Hemant Sharma @ Kundan Kumar Son of Ram Sanchi Saran, Resident of Village + P.O. + P.S. - Ghoshi, District - Jehanabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava, Advocate For the Opposite Party/s : Mr. Satyendra Pd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Jehanabad P.S. Case No. 297 of 2014 registered for the offence punishable under Section 364/34 of the Indian Penal Code. In the First Information Repot, it is mentioned that on the mobile of the petitioner, Chunu Sharma (deceased) has sent message that in the house of Sangeeta Devi regarding his death, talk was made and then the petitioner after seeing the message, tried to call Chunu Sharma but his mobile was found switched off and then the petitioner gave information to the family members of Chunu Sharma, but in the accused column, the petitioner is not named. It is submitted that during investigation, besides the

Patna High Court Cr.Misc. No.4089 of 2016 (3) dt.18-03-2016 2/2 aforesaid call, no other material has come. The two co-accused in their confessional statements have also not named the petitioner and there is no legal and tangible material against the petitioner. The petitioner is suffering in custody since 28.11.2015.

Learned A.P.P. submits that the petitioner has got criminal antecedent as he is involved in more cases. In the facts and circumstances stated above, considering the submission of the parties, 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 Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 297 of 2014, 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.) ajaypd./- U T