Deepak Sharma vs The State Of Bihar on 22 September, 2011

Patna High Court – Orders
Deepak Sharma vs The State Of Bihar on 22 September, 2011
                                Cr.Misc. No.25136 of 2011
                          Deepak Sharma, son of Sri Kundan Sharma
                                     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.)

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