IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61687 of 2019
Arising Out of PS. Case No.-129 Year-2019 Thana- BHARGAMA District-
1. PAPPU SHARMA S/o Laddu Sharma @ Yogendra Chaupal @ Yogendra
Chaupal R/o village- Aadi Rampur Ward No. 06, P.S.- Bhargama, District-
2. Sanjay Sharma S/o Laddu Sharma @ Yogendra Chaupal R/o village- Aadi
Rampur Ward No. 06, P.S.- Bhargama, District- Araria
3. Sanjeev Sharma S/o Laddu Sharma @ Yogendra Chaupal R/o village-
Aadi Rampur Ward No. 06, P.S.- Bhargama, District- Araria
4. Gayanchand Sharma @ Gayanchand Chaupal S/o Laddu Sharma @
Yogendra Chaupal R/o village- Aadi Rampur Ward No. 06, P.S.-
Bhargama, District- Araria
… … Petitioners
The State of Bihar
… … Opposite Party
For the Petitioners : Mr. Mukesh Kumar Rana, Advocate.
For the Opposite Party: Mr. Nawal Kishore Prasad, APP
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
2 16-10-2019 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest for the
offences alleged under Sections 341, Section323, Section354, Section379, Section506, Section504/Section34
of the Indian Penal Code registered in connection with Bhargama
P.S. Case No. 129 of 2019.
3. It is submitted that the petitioners have been falsely
implicated in the backdrop of past enmity and land dispute and
there is case and counter case between the parties. There is no
whisper of accusation in the F.I.R. attracting the ingredients of the
offence under Section 354 IPC. The petitioners are accused in
one prior case filed by none other than the daughter-in-law of
Patna High Court CR. MISC. No.61687 of 2019(2) dt.16-10-2019
the present informant.
4. Be that as it may, in the event of the petitioners’
arrest or surrender before the court below within six weeks from
the date of communication of this order, let the above named
petitioners be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of like amount
each to the satisfaction of Sri Kumud Ranjan, learned Judicial
Magistrate Ist Class, Araria in connection with Bhargama P.S. Case
No. 129 of 2019, subject to the conditions as laid down under
Section 438 (2) SectionCr.P.C., and also subject to the following further
(i) That one of the bailors of each of the petitioners
shall be their close relatives other than the petitioners herein.
(ii) That the petitioners shall not indulge in any
similar offence till conclusion of the trial.
(iii) That the petitioners shall cooperate with the
investigation, if not already concluded, and make themselves
available as and when so required and in case of failure, the State
shall be at liberty to move for cancellation of bail.
(iv) That the petitioners shall remain physically
present in Court on each and every date during trial and in the
event of failure on two consecutive dates without sufficient
reason, their bail bonds shall be liable to be cancelled by the
learned Court concerned.
(Vikash Jain, J)