Sheopujan Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69489 of 2018 Arising Out of PS. Case No.-175 Year-2018 Thana- GOH DistrictAurangabad ====================================================== 1.

Sheopujan Sharma S/o Late Kameshwar Sharma 2.

Bhushan Sharma S/o Late Kameshwar Sharma 3.

Bitu Sharma 4.

Lunji Kumar 5.

Raju Kumar All 3 to 5 are sons of Sheopujan Sharma 6.

Gayatri Devi W/o Sheopujan Sharma. All petitioners are resident of Village- Chopuk, P.S. Goh, District Aurangabad. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Shailesh Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 341, 323, 308, 379, 448 and 504 of the Indian Penal Code registered in connection with Goh P.S. Case No. 175 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. Injuries resulting from the assault alleged against the petitioners are simple in nature. The accusation of snatching gold, chain and taking away cash of Rs. 10,000/- from the box are merely ornamental. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.69489 of 2018(4) dt.28-02-2019 2/2

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 learned Chief Judicial Magistrate, Aurangabad in connection with Goh P.S. Case No. 175 of 2018, 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 petitiners 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 petitioner nos. 1 to 5 shall remain physically present and petitioner no. 6 shall be well represented 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/BT U T