Jairam Sharma @ Kara vs The State Of Bihar
2021 Latest Caselaw 1320 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 28044 of 2020
             Arising Out of PS Case No.-459 Year-2019 Thana- TEKARI District- Gaya
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1. Jairam Sharma @ Kara (Male), aged about 25 years, Son of Upendra Sharma, Resident of Village-Khaira, Police Station-Tekari, District-Gaya.

2. Deepak Kumar @ Banku Sharma @ Depak Sharma @ Banku, aged about 23 years, Son of Late Ashok Sharma, Resident of Village-Tetariya, Police Station-Tekari, District-Gaya.

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

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

     For the Petitioner/s    :        Mr. Manish Kumar No. 2, Advocate
     For the State           :        Mr. Abhay Kumar Roy, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-03-2021

Heard Mr. Manish Kumar No. 2, learned counsel for the

petitioners and Mr. Abhay Kumar Roy, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. Learned counsel for the petitioners submitted that he

may be permitted to withdraw the application on behalf of

petitioner no. 1, namely Jairam Sharma @ Kara.

3. In view thereof, the application on behalf of petitioner

no. 1, namely Jairam Sharma @ Kara stands disposed off as

withdrawn and is restricted to petitioner no. 2, namely Deepak

Kumar @ Banku Sharma @ Depak Sharma @ Banku. Patna High Court CR. MISC. No.28044 of 2020 dt.08-03-2021

4. The petitioner no. 2 apprehend arrest in connection

with Tekari PS Case No. 459 of 2019 dated 13.12.2019, instituted

under Sections 342, 323, 307, 504 and 506/34 of the Indian Penal

Code.

5. The allegation against the petitioner no. 2 is of

inflicting lathi blow on the neck of the informant.

6. Learned counsel for the petitioners submitted that the

allegation is false as the same has not been corroborated by the

injury report as only one wound has been found on the head which

is not attributable to the petitioner. It was submitted that there was

general scuffle between the parties due to election of PACS.

7. Learned APP, from the case diary as also the report

from the Senior Superintendent of Police, Gaya did not controvert

the fact that the specific allegation of lathi blow on the neck is not

corroborated by the injury report.

8. 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 petitioner no. 2, namely Deepak Kumar @

Banku Sharma @ Depak Sharma @ Banku be released on bail

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

with two sureties of the like amount each to the satisfaction of the Patna High Court CR. MISC. No.28044 of 2020 dt.08-03-2021

learned Additional Chief Judicial Magistrate-VI, Gaya in Tekari

PS Case No. 459 of 2019, 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

petitioner no. 2, (ii) that the petitioner no. 2 and the bailors shall

execute bond with regard to good behaviour of the petitioner no.

2, and (iii) that the petitioner no. 2 shall also give an undertaking

to the Court that he shall not indulge in any illegal/criminal

activity, act in violation of any law/statutory provisions, tamper

with the evidence or influence the witnesses. Any violation of the

terms and conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner no. 2 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 his bail

bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner no.

2, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of hearing

to the petitioner no. 2.

Patna High Court CR. MISC. No.28044 of 2020 dt.08-03-2021

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T