Shiv Shankar Sharma vs State Of Bihar on 25 November, 2010

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.35261 of 2010
                SHIV SHANKAR SHARMA, S/o Vira Sharma.
                                 Versus
                          THE STATE OF BIHAR
                                -----------

03. 25.11.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Section 302/34 of the Indian Penal

Code and later on charge-sheet was submitted under

Section 3(1)(x) of S.C./S.T. (POA) Act.

Considering that the occurrence took place in

the midst of an altercation and the assault was not

intentional and the petitioner has fair antecedent, let the

petitioner, above named be released on bail on furnishing

bail bond of Rs. 5,000/- (Five Thousand) with two sureties

of the like amount each or any other surety as fixed by the

Court to the satisfaction of Sub-Divisional Judicial

Magistrate, Bikramganj, Rohtas at Sasaram in connection

with Karakat P.S. Case No. 72 of 2010 subject to the

following conditions:- (i) That one of the bailors will be a

close relative of the petitioner who will give an affidavit

giving genealogy as to how he is related with the

petitioner. The bailor will also undertake to inform the

Court if there is any change in the address of the

petitioner. (ii) That the affidavit shall clearly state that the

petitioner is not an accused in any other case and if he is
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he shall not be released on bail. (iii) That the bailor shall

also state on affidavit that he will inform the court

concerned if the petitioner is implicated in any other case

of similar nature after his release in the present case and

thereafter the court below will be at liberty to initiate the

proceeding for cancellation of bail on the ground of

misuse. (iv) That the petitioner will give an undertaking

that he will receive the police papers on the given date and

be present on date fixed for charge and if he fails to do so

on two given dates and delays the trial in any manner, his

bail will be liable to be cancelled for reasons of misuse. (v)

That the petitioner will be well represented on each date

and if he fails to do so on two consecutive dates, his bail

will be liable to be cancelled.

(Anjana Prakash, J.)
Vikash/-