IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22969 of 2011
Sanjay Sharma, Son of Late Ram Prasad
Versus
The State Of Bihar
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2. 28.7.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 307, 353, 121 (A), 122, 124(A), 34 of the
Indian Penal Code, Sections 25(1-B) (A), 25(1)(1-A), 26, 35 of the
Arms Act and under Section 10/13 of the UAP Act.
Considering that the petitioner is in custody since
17.11.2010 and there is no specific overt act alleged against him as
also that there is no recovery from his possession, 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 to be fixed by the court concerned to the
satisfaction of Sri P.K. Malik, A.D.J. 1st, Munger, in connection with
Sessions Trial No. 252 of 2011 arising out of Haveli Kharagpur P.S.
Case No. 284 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 undertake to furnish information to the
court about any change in the address of the petitioner (ii)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
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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 (iii)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. (iv)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.
In view of nature of allegation against the petitioner,
the petitioner is directed to appear before the Superintendent of
Police, Munger, within fifteen days of his release with a copy of
this order and thereafter every two weeks for the next nine
months. The conduct of the petitioner will be kept under watch in
this period by the
Superintendent of Police, Munger, and if it is found wanting in any
manner, a report shall be made to the court concerned by him to
initiate a proceeding for cancellation of bail for reasons of misuse
of bail. After report to the Superintendent of Police, Munger, a
certificate will be filed by the petitioner before the court concerned.
( Anjana Prakash, J.)
S.Ali