Dinesh Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24528 of 2018 Arising Out of P.S.Case No. -94 Year- 2018 Thana -SAHARSA District- SAHARSA ======================================================
1. Dinesh Sharma, S/o Late Ramcharitra Sharma,
2. Kusho Sharnma @ Kusho Kumar S/o Dinesh Sharma, Both are R/o Vill.- Batraha, Ward No. 24, P.S. and District- Saharsa. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Subesh Sharma For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-05-2018 Heard learned counsel for the petitioners and the State. The petitioners are in custody in connection with Saharsa Sadar P.S.Case No.94 of 2018 registered for an offence under Section 341, 323, 307, 504 and 506/34 of the IPC. The petitioner no.1 is full brother of the informant and on account of land dispute, the occurrence of assault took place. In the said occurrence, both parties sustained injuries and a counter case bearing Saharsa P.S.Case No.95 of 2018 has been lodged by the petitioners. The injury reports copied at paras-, 57 and 58 and 59 of the case diary show that the injured Dularchand Sharma and Anand Kumar sustained simple injury. Petitioners are in custody since 01.02.2018 having clean antecedent.
The learned APP opposed the submissions.
Patna High Court Cr.Misc. No.24528 of 2018 (3) dt.18-05-2018 2/2 Considering the aforesaid facts and circumstances, the prayer for bail is allowed. Let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Saharsa in connection with Saharsa Sadar P.S.Case No.94 of 2018 subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T