Lalo Kumar @ Lalo Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59147 of 2018 Arising Out of PS. Case No.-188 Year-2018 Thana- ALOULI District- Khagaria ======================================================

1. Lalo Kumar @ Lalo Sharma, Son of Ashok Sharma,

2. Jhulan Kumar, Son of Ashok Sharma. '

3. Ramchandra Sharma, Son of Late Brispat Sharma @ Brihaspat Sharma.

4. Sunita Devi, Wife of Ashok Sharma,

5. Subhash Kumar, Son of Brahmdeo Sharma, All resident of Village- Raun, P.S.- Alauli, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 504, 324 and 307 of the Indian Penal Code.

There is general and omnibus allegation of commission of assault. Specific allegation is against co-accused, Ashok Sharma of commission of injury at the head of the informant. There is case and counter case between the parties.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of

Patna High Court Cr.Misc. No.59147 of 2018(4) dt.30-11-2018 2/2 receipt of the order be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Alauli Police Station Case No.188 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

Learned counsel for the informant submits that petitioner No.1, Lalo Kumar @ Lalo Sharma is an accused in connection with Alauli Police Station Case No.63 of 2014 pending in the court of learned Additional Chief Judicial Magistrate, Khagaria. However, the petitioner has wrongly stated in para 3 of the bail petition that petitioner Lalo Kumar @ Lalo Sharma has got no criminal antecedent.

The court below shall verify whether petitioner No.1, Lalo Kumar @ Lalo Sharma had knowledge of Alauli Police Station Case No.63 of 2014 and if, he had knowledge his bail bond shall not be accepted and the matter be reported to this Court for necessary action for suppression of fact.

(Birendra Kumar, J) abhishek/- U T