Rajkumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23940 of 2015 Arising out of P.S. Case No. -23 Year- 2010 Thana -GOH District- AURANGABAD =================================================== Rajkumar Sharma Son of Mr. Jhakhuri Sharma @ Sri Kishan Sharma Resident of Village - Motha, P.S. Goh, Distt - Aurangabad (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Sinha, Adv. For the Opposite Party/s: Mr. Nirmal Kr. Sinha (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03.

07.10.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 447, 342, 504 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

Report of the Sub-divisional Judicial Magistrate, Daudnagar has been received from which it appears that it is only recently that the case was committed to the Court of Sessions and no fault is attributed to the Petitioner for the delay.

Considering the circumstances of the case and that the Petitioner is not an accused in any other case of similar nature, let the Petitioner, above named be released on bail after framing of charge provided his case is not bifurcated for the said purpose on furnishing bail bond

Patna High Court Cr.Misc. No.23940 of 2015 (3) dt.07-10-2015 of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sub-divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Goh P.S. Case No. 23 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. The bailor will also undertake to inform the Court if there is 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 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.

Vikash/- (Anjana Prakash, J.) U T