Baskit Kumar @ Baskit Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48213 of 2014 Arising Out of PS.Case No. -682 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Baskit Kumar @ Baskit Sharma Son of Ramanand Sharma resident of village- Rahasa, P.S.- Bhagwanpur, District- Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Narain Singh, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 20-01-2015 This case was listed to be heard out of turn on account of the submission that the examination of the Petitioner is to begin from 28th of January, 2015.
Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 406, 420, 468, 471 and 120B of the Indian Penal Code.
Considering that the entire case is based on documentary evidence, which has already been collected since the charge sheet has been submitted and the Petitioner is in custody since 11.8.2014 as also his father undertakes his responsibility, 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
Patna High Court Cr.Misc. No.48213 of 2014 (2) dt.20-01-2015 2/3 amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Town P.S. Case No.682 of 2014, subject to the conditions (i) That one of the bailor shall be the father of the Petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner.
(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) 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 ground of misuse, (iv) 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, (v) 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.
Patna High Court Cr.Misc. No.48213 of 2014 (2) dt.20-01-2015 3/3 In the nature of allegations, the petitioner is directed to appear before the Superintendent of Police, Vaishali at Hajipur 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.
(Anjana Prakash, J) Narendra/- U T