Allowed

Ashok Sharma and Ors. v. The State Of Bihar

Patna HC10 Dec 2018CR. MISC./70641/2018

Case brief

AI extract

What is this about?

In bail petitions, High Court released three petitioners in a dacoity, arms possession, and liquor offence case, subject to furnishing bail bonds and specific conditions regarding local bailors and cooperation in trial.

What did the court decide?

Release of petitioners on bail by furnishing bonds of Rs. 10,000/- each with two sureties to satisfy Additional District & Sessions Judge-II, Khagaria.

Ashok Sharma and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.70641 of 2018

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Arising Out of PS. Case No.-113 Year-2018 Thana- PASRAHA District- Khagaria

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======================================================

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1. Ashok Sharma Son of late Ganga Sharma Resident of Village Teldiha Police Station Bhawanipur District- Bhagalpur

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Anil Sharma Son of Bindeshwari Sharma

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Fito Sharma Son of Yogendra Sharma Both Resident of Village Kharaun Police Station Pasraha District- Khagaria.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bharat Bhushan For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

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2 10-12-2018

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Heard learned counsel for the parties.

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Petitioner seeks bail in Pasraha P.S. Case No. 113 of

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2018 registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code, Section 25(1-b)a, 26 and 35 of the Arms Act and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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Informant who is a police officer in his written complaint has alleged that on confidential information received that dreaded criminal Bouku Sharma @ Upendra Sharma has assembled at a place to commit some grave crime along with his accomplice and on receiving such information he reached at the said place and from Machan of Bouku Sharma @ Upendra

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Patna High Court Cr.Misc. No.70641 of 2018(2) dt.10-12-2018 2/3

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Sharma, arms and 400 ml of country made liquor were recovered.

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It has been submitted on behalf of the petitioner that nothing has been recovered from their possession and they were present at the land possessed by petitioner no. 1 and other two are labourers. Petitioners have got no criminal antecedent and are in custody since 18.09.2018.

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Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Khagaria, in connection with Pasraha P.S. Case No. 113 of 2018 , with following conditions:-

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

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(2) Petitioners 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 the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

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(3) If the petitioners tampers with the evidence or

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Patna High Court Cr.Misc. No.70641 of 2018(2) dt.10-12-2018 3/3

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

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(S. Kumar, J)

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ranjan/-

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Ashok Sharma and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ashok Sharma and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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