Kamlesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.438 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -SAHAR District- BHOJPUR ====================================================== Kamlesh Sharma Son of Late Chaturbhuj Sharma Resident of village - Badiha, P.S. Charpokhari, District - Bhojpur at Ara .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhat Kumar Singh, Advocate For the State : Mr. Sanjay Kr.Sharma, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 364/302/201/120B of the Indian Penal Code and 27 of the Arms Act.

It is submitted on behalf of the petitioner that the petitioner has not been named in the first information report but three other persons have been named. It is also submitted that the first information report has been lodged after a delay of about one month from the date of alleged kidnapping and, thereafter, the petitioner's name has come up only on the basis of suspicion. It is contended that no material could be collected during the course of investigation connecting the petitioner in the commission of

Patna High Court Cr.Misc. No.438 of 2015 (3) dt.04-03-2015 2/3 crime. Petitioner is stated to be in jail since 8.6.2014. Considering the facts and circumstances of the case, the petitioner, namely, Kamlesh Sharma is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Sahar P.S. Case No. 30/2014, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner who shall file affidavit before the concerned court giving complete genealogy to show his / her relationship with him.

If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Bhojpur, Ara within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report

Patna High Court Cr.Misc. No.438 of 2015 (3) dt.04-03-2015 3/3 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 which should be granted by the Superintendent of Police upon his appearance (Dr. Ravi Ranjan, J) Spd/- U T