Ram Krishna Sharma @ Guddu Sharma @ Guddu @ Guddu Singh And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31936 of 2014 Arising Out of PS.Case No. -142 Year- 2013 Thana -RIGA District- SITAMARHI ======================================================
1. Ram Krishna Sharma @ Guddu Sharma @ Guddu @ Guddu Singh, s/o Mahanth Jagarnath Das @ Mahanth Jagannath Das, resident of village Ushrahiya, P.S. Riga, District Sitamarhi.
2. Narendra Singh, s/o late Raghunath Singh, resident of village Kharwa, P.S. and District Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Adv. For the State : Mr. Ashraf Ansari, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 09-01-2015 Heard learned counsel for the Petitioners and the State.
The Petitioners seek bail in a case instituted for the offence under Sections 302, 201, 34 of the Indian Penal Code and Section 27 of the Arms Act.
Considering that there is no direct material showing the complicity of the present Petitioners, let the Petitioners above named, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Sri P.N. Singh, 1st Additional District & Sessions Judge, Sitamarhi, subject to the following conditions: (i) That one of the
Patna High Court Cr.Misc. No.31936 of 2014 (3) dt.09-01-2015 2/3 bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their 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 Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the antecedents of the Petitioners, the Petitioners are directed to appear before the Superintendent of Police, Sitamarhi, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months.
Patna High Court Cr.Misc. No.31936 of 2014 (3) dt.09-01-2015 3/3 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) S.Ali/- U T