IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.31402 of 2011
Bade Sharma son of Sri Jai Kishore Sharma
Versus
The State Of Bihar
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2/ 22.09.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 302, 120-B of the Indian Penal Code and
section 27 of the Arms Act.
Considering that apart from suspicion and confessional
statement of the co-accused there is no material against the
petitioner, 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
below to the satisfaction of the Additional Chief Judicial Magistrate,
Patna City, Patna, in connection with Malsalami P.S. Case No.93 of
2011, subject to the 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 and another
bailor shall be the father/mother of the petitioner. The bailors will
undertake to furnish information to the court about any change in the
address of the petitioner, (ii) That the bailors shall also state on
affidavit that they 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, (iii) That the petitioner will give an undertaking that he will
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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, and (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 the antecedents of the petitioner, the
petitioner is directed to appear before the Sr. Superintendent of
Police, Patna, within fifteen days of his release with a copy of this
order and every two weeks thereafter for the next nine months. The
conduct of the petitioner will be kept under watch in this period by
the Superintendent of Police concerned and if it is found wanting in
any respect, 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 reporting to the Superintendent of Police, a certificate
will be filed by the petitioner before the court concerned.
JA/- (Anjana Prakash,J.)