Rajkishor Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83628 of 2019 Arising Out of PS. Case No.-104 Year-2017 Thana- KHAIRA District- Saran ====================================================== 1.

RAJKISHOR SHARMA Son of Late Ramdeo Sharma Resident of Village - Khaira, P.S.- Khaira, District - Saran at Chapra 2.

Vikash Sharma Son of Rajkishor Sharma Resident of Village - Khaira, P.S.- Khaira, District - Saran at Chapra 3.

Anand Sharma Son of Ravindra Sharma Resident of Village - Khaira, P.S.- Khaira, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Khaira P. S. Case No. 104 of 2017 instituted for the offence under Section(s) 147,149,341, 323,379, 504 of the Indian Penal Code. Subsequently Section 302 of the Indian Penal Code was added.

Initially the petitioners were granted bail by the court below itself. However, later on the injured died and offence under Section 302 of the Indian Penal Code was added. Thereafter, petitioners surrendered and prayer for bail was refused. It is further submitted that co-accused, namely,

Patna High Court CR. MISC. No.83628 of 2019(3) dt.18-03-2020 2/2 Rabindra Sharma @ Ravindra Sharma, Santosh Sharma, Raju Sharma and Ajit Sharma have been allowed bail in Cr. Misc. no. 44611 of 2019. The allegation against these other accused persons and the instant petitioners are one and the same. The learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioners, above named, be released on 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 ACJM- Xth Saran at Chapra, in connection with Khaira P. S. Case No. 104 of 2017 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U