IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25136 of 2011 Deepak Sharma, son of Sri Kundan Sharma Versus The State Of Bihar -----------
4. 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), 34 of the Indian Penal Code
and Section 27 of the Arms Act.
It has been submitted that the petitioner is not named
in the First Information Report and subsequently his name
transpired on the confessional statement of the co-accused that he
was also involved in this occurrence. The specific assertion is that
the petitioner is an accused in only one other case which fact shall
be verified by the Magistrate before releasing the petitioner on bail.
Considering the nature of allegation, 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 Chief Judicial Magistrate, Danapur, in connection with
Danapur P.S. Case No. 62 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 and the other shall be the brother of the
petitioner namely Mahesh Kumar. 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 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, Patna, 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
Superintendent of Police, Patna, 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, Patna, a certificate
will be filed by the petitioner before the court concerned.
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, (ii) 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 made socially productive so that an effort is made to bring him
back in the main stream of the society, he is given adequate
protection and (iii) 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.
( Anjana Prakash, J.)