Chitranjan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1272 of 2015 Arising Out of PS.Case No. -94 Year- 2004 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Chitranjan Sharma, Son of Mithlesh Sharma, Resident of Village - Naugarh, P.S. - Makhdumpur, District - jehanabad. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad, Adv. For the Opposite Party/s : Mr. Pushpa Sinha 2 (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 22-01-2015 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 353, 307 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act.

Considering that the Petitioner was only seeing fleeing away from the place of occurrence and there is no specific overt act as alleged against him and he undertakes to be physically present on each date of Trial, 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 Sessions Judge-III, Jehanabad, in connection

Patna High Court Cr.Misc. No.1272 of 2015 (3) dt.22-01-2015 2/3 with Sessions Trial No. 448 of 2010/227 of 2013 arising out of Makhdumpur (Tehta O.P.) P.S. Case No. 94 of 2004, subject to the 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 father of the Petitioner namely, Mithilesh Sharma. 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 physically present on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

In the nature of allegation, the Petitioner is directed to appear before the Superintendent of Police, Jehanabad, 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

Patna High Court Cr.Misc. No.1272 of 2015 (3) dt.22-01-2015 3/3 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) S.Ali/- U T