IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellanious No.19927 of 2011
RAM NIWAS SHARMA, S/O LATE PALAK SINGH,
R/O VILLAGE - KANDAUL, P.S. HULASGANJ,
DISTRICT- JEHANABAD.
- Petitioner
Versus
THE STATE OF BIHAR - Opposite Party
3 13.07.2011
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
Petitioner is one of the named accused in this case
being dealer whose name appears disclosed by co-accused
in his extra judicial confession as a person from whom he
got kerosene oil to sell in open market. Immediately after
said disclosure papers in the shop of petitioner was
examined and 12.5 litres of kerosene oil was found in
excess on the basis thereof suspicion has been raised that
on getting information of disclosure of his name or
apprehension of his arrest, in haste he made an attempt to
complete the paper causing such excess. Except such
suspicion there appears nothing against the petitioner.
Considering the facts and circumstances, the
petitioner, in the event of arrest or surrender within four
2
weeks of communication of the order, is directed to be
enlarged on bail on furnishing bonds of Rs.10,000/-
(Rupees ten thousand) with two sureties of the like amount
each to the satisfaction of the Chief Judicial Magistrate,
Jehanabad, in Hulasganj P.S. Case no. 34 of 2011, subject
to the conditions laid down in Section 438(2) of the Code
of Criminal Procedure with additional condition that the
petitioner shall remain present before the court below on
each and every date for two years or till disposal of the
case, whichever is earlier. If the petitioner fails to remain
present on two consecutive dates without any reasonable
explanation the privilege granted shall be deemed to be
cancelled.
AAhmad ( Akhilesh Chandra, J.)