High Court Patna High Court - Orders

Shivam Kumar Singh vs The State Of Bihar on 29 August, 2011

Patna High Court – Orders
Shivam Kumar Singh vs The State Of Bihar on 29 August, 2011
                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.28225 of 2011
                               Shivam Kumar Singh son of Manjit Singh
                                                 Versus
                                         The State Of Bihar
                                               -----------

2. 29.8.2011 Heard learned Counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Sections 399, 402 of the Indian Penal Code as

well as 25A91-b)/26/35 of the Arms Act and ¾ of the

Explosive Substance Act.

Considering that the petitioner is in custody since

13.5.2010 for recovery of a country made pistol and ten live

cartridges and now the petitioner’s uncle Sanjay Singh is

ready to stand surety for him, 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 learned Additional District and Sessions Judge

IXth, Patna in connection with S.T. No.1706 of 2011 arising

out of Gandhi Maidan P.S. Case No.205 of 2010, subject to

the conditions (i) That one of the bailor shall be Sanjay Singh,

uncle of the petitioner and the other bailor shall be local since

the petitioner is a resident of Bhojpur district. The bailor will

undertake to furnish information to the Court about any

change in address of the petitioner. (ii) That the bailor shall

also state on affidavit that he will inform the court concerned
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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 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 if he fails to do so on two

consecutive dates, his bail will be liable to be cancelled.

Learned counsel for the petitioner submits that he

has been implicated repeatedly at the instance of the local

police who is hostile to the petitioner and seeks protection of a

person well reputed doing social service in the area. Under

the circumstances, the petitioner will report to Mr. Kishore

Kunal, Chairman, Bihar Religious Trust Board, Bihar, Patna,

within fifteen days of his release on provisional bail for a

period of six months and file a certificate about the same in

the court within the stipulated time. In case, the petitioner fails

to file certificate, notice shall be sent to him for cancellation of

bail, (b) That once the petitioner reports to Mr. Kunal, Mr.

Kunal is requested to evolve a method by which without

affecting the petitioner’s present vocation, if any, the petitioner

can be mode socially productive so that an effort is made to
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bring him back in the main stream of the society/ he is given

adequate protection and (c) At the end of the six months, the

petitioner will be required to file a certificate in the court below

granted by Mr. Kishore Kunal. If the certificate granted to the

petitioner is found satisfactory, the court below will confirm the

provisional bail granted to the petitioner or else will issue

notice for cancellation of bail.

Narendra/                        ( Anjana Prakash, J. )