Patna High Court - Orders
Shankar Singh @ Shankar Kumar vs The State Of Bihar on 10 January, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.401 of 2013
======================================================
Shankar Singh @ Shankar Kumar, son of Sri Baldeo Singh
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Adv.
Mr. Umesh Prasad, Adv.
For the State : Mr. Shyam Kr. Singh, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
2. 10.01.2013Heard learned counsel for the petitioner and the State.
The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 160, 323, 337, 120(B), 307, 353, 379, 427, 435, 436, 332, 504 of the Indian Penal Code and Section 27 of the Arms Act.
Considering that there is no specific overt act alleged against the Petitioner who is a primary teacher and he has fair antecedent, let the petitioner in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 507 of 2012, G.R. No. 1911 of 2012, shall be released on anticipatory bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria, subject to the following conditions:
(i) That one of the bailors will be a close relative of the Petitioner 2 Patna High Court Cr.Misc. No.401 of 2013 (2) dt.10-01-2013 2/2 who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other shall be the brother of the Petitioner namely, Kishore Kumar Singh. 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.
(Anjana Prakash, J.) S.Ali