Monu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57564 of 2015 Arising Out of PS.Case No. -126 Year- 2015 Thana -TATARPUR District- BHAGALPUR ====================================================== Monu Sharma, Son of Hari Om Sharma, R/o Mohalla- Chunihari Tola, P.S. Adampur, District Bhagalpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Amitesh Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code.
The petitioner has stated in paragraph 3 that he is of clean antecedent, however, voluntarily a supplementary affidavit has been filed stating that the petitioner is involved in five other cases in which he is on bail.
It is contended on behalf of the petitioner that the FIR was lodged against unknown, however, the petitioner's name has cropped up in view of the self incriminating confessional statement of the co-accused Kundan Chaudhary. Having regard to the facts and circumstances of the case,
Patna High Court Cr.Misc. No.57564 of 2015 (2) dt.21-01-2016 2/3 let the petitioner, namely, Monu Sharma be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Tatarpur P.S. Case No.126/2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure with a further condition that one of the bailors must be his father.
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, Bhagalpur within fifteen days of his release with a copy of this order and every month 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 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
Patna High Court Cr.Misc. No.57564 of 2015 (2) dt.21-01-2016 3/3 petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance. (Dr. Ravi Ranjan, J) V.K. Pandey/- U T