Kedar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 45190 of 2017 Arising Out of PS.Case No. -16 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Kedar Sharma Son of late Yogendra Sharma Resident of Village- Akbar Malahi, P.S. Sarai, District- Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr Sunil Kumar Singh, Advocate For the S t a t e : Mr Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks bail in a case registered under Sections 467, 468, 420, 120B/34 of Indian Penal Code. Counsel for the petitioner submits that the allegations have been leveled against him in the instant case as there is a dispute subsisting between him and the informant who are agnates in connection with the share of land. The petitioner further submits that in the sale deed, in respect of which allegations have been made, he has signed as vendor which shows bona fide of the transaction. Prior to the instant case, there is no criminal antecedent of the petitioner.
Considering the aforesaid submissions, prayer for
Patna High Court Cr.Misc. No.45190 of 2017 (2) dt.20-09-2017 2/2 bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town Police Station Case No 16 of 2014 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail.
(iii) 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.
(iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.
(v) 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.
(Madhuresh Prasad, J) M.E.H./- U