High Court Patna High Court - Orders

Abhay Sharma vs The State Of Bihar on 28 July, 2011

Patna High Court – Orders
Abhay Sharma vs The State Of Bihar on 28 July, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.23031 of 2011
                           Abhay Sharma, son of Ramanuj Sharma,
                                            Versus
                                    The State Of Bihar
                                          -----------

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 147, 148, 149, 354, 302 of the

Indian Penal Code, Section 27 of the Arms Act and Section 17

of C.L.A. Act.

Considering that there is no specific overt act

alleged against the petitioner and the petitioner is in custody

since 16.2.2011, 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 Additional

Sessions Judge (F.T.C.-IV), Jehanabad, in connection with

Sessions Trial No. 183 of 2011/43 of 2011 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 nature
2

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.

It has been submitted that the petitioner is an

accused in only one other case which fact will be verified by

the Magistrate before releasing the petitioner on bail.

( Anjana Prakash, J.)
S.Ali