Shimpu Sharma vs The State Of Bihar
2021 Latest Caselaw 578 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 36951 of 2020
     Arising Out of PS Case No.-256 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua)
     ======================================================

1. Shimpu Sharma, aged about 25 years Male, Son of Ganesh Sharma, House No.-127, Ward No.-13, G.T. Road, Mohania, PS-Mohania, District-Kaimur (Bhabhua).

2. Anmol Kumar, aged about 20 years Male, Son of Shambhu Nath Tiwari Resident of Village-Luli, Post-Sabar, Kharsota, PS-Rampur, District-Kaimur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s    :       Mr. Sumeet Kumar Singh, Advocate
     For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

Heard Mr. Sumeet Kumar Singh, learned counsel for the

petitioners and Mr. Md. Arif, learned Additional Public Prosecutor

(APP) for the State.

2. The petitioners apprehend arrest in connection with

Mohania PS Case No. 256 of 2020 dated 27.08.2020, instituted

under Sections 409, 419, 420, 414 and 120B of the Indian Penal

Code.

3. The allegation against the petitioners and others is

that in lieu of money they used to ensure passing of vehicles

loaded with illegally mined sand from one district to the other and

also from Bihar to UP.

Patna High Court CR. MISC. No.36951 of 2020 dt.02-02-2021

4. Learned counsel for the petitioners submitted that the

main role has been assigned to others but against the petitioners it

is said that they also used to line-up the vehicles and facilitate in

the exercise. It was submitted that the petitioners have no other

criminal antecedent.

5. Learned APP submitted that the petitioners are part of

a well-organized gang indulging in such illegal activity.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned SDJM, Mohania, District-Kaimur in Mohania PS Case

No. 256 of 2020, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973 and further, (i)

that one of the bailors shall be a close relative of the petitioners,

(ii) that the petitioners and the bailors shall execute bond with

regard to good behaviour of the petitioners, and (iii) that the

petitioners shall also give an undertaking to the Court that they

shall not indulge in any illegal/criminal activity, act in violation of

any law/statutory provisions, tamper with the evidence or Patna High Court CR. MISC. No.36951 of 2020 dt.02-02-2021

influence the witnesses. Any violation of the terms and conditions

of the bonds or the undertaking shall lead to cancellation of their

bail bonds. The petitioners shall cooperate in the case and be

present before the Court on each and every date. Failure to

cooperate or being absent on two consecutive dates, without

sufficient cause, shall also lead to cancellation of their bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T