Allowed

Sahitya Sharma v. The State Of Bihar

Patna HC17 Oct 2017CR. MISC./39818/2017

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner in a criminal case where he was apprehending arrest despite not being named in the FIR and having no criminal antecedents, drawing parity with a similarly situated co-accused.

What did the court decide?

Release of the petitioner on bail of Rs. 10,000 with two sureties of the like amount within four weeks subject to furnishing a bail bond and standard bail conditions.

Sahitya Sharma Vs The State Of Bihar — Anticipatory Bail | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39818 of 2017

¶2

Arising Out of PS.Case No. -134 Year- 2016 Thana -BAHADURPUR District- PATNA

¶3

====================================================== Sahitya Sharma, Son of Sri Binod Kumar @ Binod Sharma, Resident of Village-Ramtari, P.S.-Bihta, District-Patna.

¶4

.... .... Petitioner/s

¶5

Versus

¶6

The State of Bihar

¶7

.... .... Opposite Party/s

¶8

====================================================== Appearance : For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

¶9

3 17-10-2017 Heard learned counsel for the petitioner and the State. Petitioner is apprehending arrest in connection with Bahadurpur P.S. Case No. 134/2016 for an offence under sections 143, 149, 353, 120(B), 504, 511 of the Indian Penal Code and 4/5 of the Explosive Substances Act.

¶10

Counsel for the petitioner submits that the petitioner has no criminal antecedent and the statement to that effect has been made in para-3 of the petition. He further submits that petitioner is not named in the FIR. His name surfaced in this case on the basis of suspicion by the police.

¶11

Referring to Para-10 of the petition, he submits that this petitioner has appeared at the examination of B. FTECHAPPAREL PRODUCTION.

¶12

Patna High Court Cr.Misc. No.39818 of 2017 (3) dt.17-10-2017

¶13

2/3

¶14

In this case, co-accused Navendu Kumar was granted anticipatory bail by this court vide order dated 17.7.2017 in Cr. Misc. No. 31525 of 2017.

¶15

Counsel for the petitioner submits that the case of this petitioner is similar to that of Navendu Kumar.

¶16

Considering the fact that the petitioner has no criminal antecedent and he was not named in the FIR and similarly circumstanced other co-accused namely, Navendu Kumar was granted anticipatory bail by this court, let the petitioner, named above, be released on bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sushant Ranjan J.M. 1^st Class, Patna City in connection with Bahadurpur P.S. Case No. 134 of 2016 subject to the condition as laid down under section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or

¶17

Patna High Court Cr.Misc. No.39818 of 2017 (3) dt.17-10-2017

¶18

3/3

¶19

the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner

¶20

(Anil Kumar Upadhyay, J)

¶21

Ravi/-

¶22

Sahitya Sharma v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sahitya Sharma v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mahesh Kumar and Ors. Vs The State Of Bihar and Ors.

Sudhir Kumar Ojha Vs The State Of Bihar and Ors.

The Barauni Co. Operative Cold Storage Ltd. Vs The Bihar State Election Authority Through Its Secretary and Ors.

M/s Vijeta Projects and Infrastructure Ltd. Vs The State Of Bihar and Ors.

Ambresh Kumar Singh @ Munna Singh Vs The State Of Bihar and Ors.

Anil Singh and Anr. Vs The State Of Bihar