Pappu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61687 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- BHARGAMA DistrictAraria ====================================================== 1.

PAPPU SHARMA S/o Laddu Sharma @ Yogendra Chaupal @ Yogendra Chaupal R/o village- Aadi Rampur Ward No. 06, P.S.- Bhargama, DistrictAraria 2.

Sanjay Sharma S/o Laddu Sharma @ Yogendra Chaupal R/o village- Aadi Rampur Ward No. 06, P.S.- Bhargama, District- Araria 3.

Sanjeev Sharma S/o Laddu Sharma @ Yogendra Chaupal R/o villageAadi Rampur Ward No. 06, P.S.- Bhargama, District- Araria 4.

Gayanchand Sharma @ Gayanchand Chaupal S/o Laddu Sharma @ Yogendra Chaupal R/o village- Aadi Rampur Ward No. 06, P.S.- Bhargama, District- Araria ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Mukesh Kumar Rana, Advocate.

For the Opposite Party:

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 354, 379, 506, 504/34 of the Indian Penal Code registered in connection with Bhargama P.S. Case No. 129 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of past enmity and land dispute and there is case and counter case between the parties. There is no whisper of accusation in the F.I.R. attracting the ingredients of the offence under Section 354 IPC. The petitioners are accused in one prior case filed by none other than the daughter-in-law of

Patna High Court CR. MISC. No.61687 of 2019(2) dt.16-10-2019 2/2 the present informant.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Kumud Ranjan, learned Judicial Magistrate Ist Class, Araria in connection with Bhargama P.S. Case No. 129 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T