Chandra Bhushan Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46969 of 2018 Arising Out of PS.Case No. -125 Year- 2018 Thana -TEKARI District- GAYA ======================================================
1. Chandra Bhushan Sharma, s/o late Jadu Sharma,
2. Pawan Kumar @ Pawan Sharma, s/o Indu Bhushan Sharma,
3. Ranjit Kumar @ Ranjit Sharma, s/o Sri Kant Sharma,
4. Pravind Kumar, s/o Siyaram Sharma,
5. Baban Sharma, s/o Indu Bhushan Sharma,
6. Shambhu Sharma, s/o Gopal Sharma, All residents of village - Bhori, P.S. - Tekari, District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Y. C. Verma, Sr. Advocate with Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP For the Informant : Mr. Sushil Kumar Ray, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-08-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners apprehend their arrest in Tekari P.S. Case No.125 of 2018 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code and Section 27 of the Arms Act.
Counsel for the petitioners submits that petitioner No.1 is alleged to be order giver. There is no allegation of specific overt act against petitioner Nos.2 to 6. Counsel for the petitioners further submits that in the written report, specific allegation of pouring acid on the person of the informant is against co-accused Navin Sharma and Ranjay Sharma. Counsel for the petitioners further submits that petitioner No.1 has lodged
Patna High Court Cr.Misc. No.46969 of 2018 (2) dt.29-08-2018 2/2 Tekari P.S. Case No.117 of 2018 against the informant and others and as a counter blast this case has been filed implicating petitioner No.1 and some witnesses of the counter case. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Tekari P.S. Case No.125 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.