Radheshyam Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24244 of 2018 Arising Out of PS.Case No. -25 Year- 2017 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Radheshyam Sharma S/o Sri Rameshwar Sharma, R/o Vill.- Bastha, P.S.- Mainatand, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Inarwa P.S.Case no.25 of 2017, registered for offences punishable under Sections 279, 337, 338, 304 & 414/34 of the Indian Penal Code.
Allegation against the petitioner is that he was riding on a motorcycle, which was being driven by Sunil Baitha and that hit the deceased, causing his death.
Submission of the learned counsel for the petitioner is that even according to the FIR, he was not driving the motorcycle rather he was only on pillion rider. Another co-accused has been granted bail by this Hon'ble Court, vide order dated 9.4.2018 passed in Cr. Misc. No.15399 of 2018, which has been stated in
Patna High Court Cr.Misc. No.24244 of 2018 (2) dt.03-05-2018 2/2 para 10 of the petition.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Bettiah, West Champaran in connection with Inarwa P.S.Case no.25 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T