Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69876 of 2018 Arising Out of PS. Case No.-168 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== Shankar Sharma Son of Late Saryug Sharma @ Saryug Pd. Sharma Resident of Village - Paharpur, P.S. Bihpur (Bhawanipur), District -Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shivnandan Sah, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 307, 34 of the Indian Penal Code registered in connection with Bihpur (Bhawanipur) P.S. Case No. 168 of 2018.

3. It is submitted that the petitioner has been falsely implicated as the first information report is against unknown persons. Similarly situated co-accused Bidya Nand Sharma, who is said to be the order giver, has been granted anticipatory bail by coordinate Bench of this Court vide order dated 07.12.2018 passed in Cr. Misc. No. 70218 of 2018. The petitioner is either on bail or has been acquitted in other cases in which he had been made accused.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with

Patna High Court Cr.Misc. No.69876 of 2018(3) dt.07-01-2019 2/2 Bihpur (Bhawanipur) P.S. Case No. 168 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions-- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner 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, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/Chandran (Vikash Jain, J) U