Ranjit Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79556 of 2018 Arising Out of PS. Case No.-288 Year-2018 Thana- BARHARIA District- Siwan ====================================================== Ranjit Sharma, son of Doodhnath Sharma @ Dudhnath Sharma @ Milan Sharma, Resident of Village Dhanaw (Near School Dhanaw) P.S. - Barhariya, District.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar, Adv.

For the Opposite Party/s :

Mr.Sri Ajay Kumar Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 341, 323, 307, 302 504/34 of the Indian Penal Code.

Informant who is related as grand-father of deceased has alleged in his written complaint that while he was returning with his grand son Manu Ansari on 06.09.2018 at about 6:00 P.M., F.I.R. named accused including petitioner and some unknown accused abused and assaulted deceased in a road raze as a result of which he was seriously injured and carried to hospital where he died in course of treatment.

Patna High Court CR. MISC. No.79556 of 2018(3) dt.11-03-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Father of deceased Rahamatullah Ansari who was accompanying his son has given a written complaint in which he has disclosed the name of culprits in which petitioner has not been named. Petitioner has no criminal antecedent and is in custody since 19.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Barhariya P.S. Case No. 288 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.79556 of 2018(3) dt.11-03-2019 3/3

(3) If the petitioner tampers 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 petitioner.

(S. Kumar, J) Rajiv/- U T