Kamakhya Sharma @ Kamakhya Narain Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13642 of 2018 Arising Out of PS.Case No. -277 Year- 2013 Thana -JAHANABAD District- JEHANABAD ======================================================
1. Kamakhya Sharma @ Kamakhya Narain Sharma, Son of Late Baleshwar Sharma.
2. Gauravjee, Son of Kamakhya Sharma @ Kamakhya Narain Sharma, Son of Late Baleshwar Sharma, Both R/o Village- Baiju Bigha (Belaunti), P.S.- Guruwa, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2018 The petitioners are apprehending their arrest in connection with Jehanabad P.S. Case No. 277 of 2013, registered for offences punishable under Sections 420, 406 and 379/34 of the Indian Penal Code.
Allegation against the petitioners that they taken three Haiwa trucks from the informant/complainant as per agreement for three months but they have not made payment as per the agreement.
It has been submitted on behalf of the petitioners that from the complaint petition itself, it will appear that it is the complainant, who violated the terms of agreement as the vehicles were withdrawn by him after a month.
Patna High Court Cr.Misc. No.13642 of 2018 (2) dt.10-04-2018 2/3 Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad P.S. Case No. 277 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the
Patna High Court Cr.Misc. No.13642 of 2018 (2) dt.10-04-2018 3/3 prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T