IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28225 of 2011
Shivam Kumar Singh son of Manjit Singh
Versus
The State Of Bihar
-----------
2. 29.8.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 399, 402 of the Indian Penal Code as
well as 25A91-b)/26/35 of the Arms Act and ¾ of the
Explosive Substance Act.
Considering that the petitioner is in custody since
13.5.2010 for recovery of a country made pistol and ten live
cartridges and now the petitioner’s uncle Sanjay Singh is
ready to stand surety for him, 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 learned Additional District and Sessions Judge
IXth, Patna in connection with S.T. No.1706 of 2011 arising
out of Gandhi Maidan P.S. Case No.205 of 2010, subject to
the conditions (i) That one of the bailor shall be Sanjay Singh,
uncle of the petitioner and the other bailor shall be local since
the petitioner is a resident of Bhojpur district. The bailor will
undertake to furnish information to the Court about any
change in address of the petitioner. (ii) That the bailor shall
also state on affidavit that he will inform the court concerned
-2-
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 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 if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
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, (b) 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 mode socially productive so that an effort is made to
-3-
bring him back in the main stream of the society/ he is given
adequate protection and (c) 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.
Narendra/ ( Anjana Prakash, J. )