Sanjit Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77423 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- GHANSHYAMPUR District- Darbhanga ======================================================

1. Sanjit Sharma

2. Kanhaiya Sharma Both are Sons of Late Shyam Sharma @ Shyam Thakur,

3. Ghuran Sharma S/o Janka Sharma,

4. Janak Sharma S/o Late Nehalu Sharma, All are R/o Vill.- Parary, P.S.- Ghanshyampur, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Informant : Mr. Girish Chandra Jha For the State : Mr.J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner nos. 3 and 4 apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307, 354(B), 379 and 504 IPC registered in connection with Ghanshyampur P.S. Case No. 66 of 2018/GR No. 368 of 2018.

3. It is submitted that the petitioner nos. 3 and 4 have been falsely implicated in the backdrop of admitted land dispute. The thrust of accusation is against petitioner nos.1 and 2. Similarly situated coaccused have been granted anticipatory bail by this Court in Cr. Misc. No. 76220 of 2018.

4. Learned APP assisted by learned counsel for the informant appearing suo motu oppose the anticipatory bail petition.

5. Be that as it may, in the event of arrest or surrender by petitioner nos. 3 and 4 before the court below within six weeks from the date of communication of this order, let the above named petitioner nos. 3 and 4 be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.77423 of 2018(3) dt.07-02-2019 2/2 Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned SDJM, Biraul in the District of Darbhanga, in connection with P.S. Case No. 66 of 2018/GR No. 368 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 shall be a close relative of the petitioner nos. 3 and 4.

ii. That the petitioner nos. 3 and 4 shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner nos. 3 and 4 shall co-operate 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. The petitioner nos. 3 and 4 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) Chandran/- U T