Partly allowed

Dharmanand Sharma @ Dharma Sharma @ Dharmendra Sharma v. The State Of Bihar

Patna HC29 Apr 2013CR. MISC./11539/2013

Case brief

AI extract

What is this about?

The High Court granted provisional bail to the petitioner in an IPC case regarding theft and acceptance of stolen goods. Release is conditional upon furnishing a bond, engaging in religious activities under a temple priest's guidance for six months, and filing a conduct certificate.

What did the court decide?

Petitioner released on provisional bail upon furnishing a bond of Rs. 5,000/- with two sureties and complying with conditions regarding police attendance and conduct certification by a Head Priest.

Dharmanand Sharma @ Dharma Sharma @ Dharmendra Sharma Vs The… — Bail and Remand | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 11539 of 2013

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=================================================== Dharmanand Sharma @ Dharma Sharma @ Dharmendra Sharma, Son of Mahangu Sharma. .... .... Petitioner/s Versus The State of Bihar.

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.... .... Petitioner/s Versus .... .... Opposite Party/s

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=================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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02. 29.04.2013

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Heard learned counsel for the Petitioner and the

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State.

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The Petitioner seeks bail in a case instituted for the offences under Sections 457 and 380 of the Indian Penal Code.

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Considering that the Petitioner is in custody since 27.12.2012 on the basis of confessional statement of the co-accused but there has been no recovery from his possession and he has fair antecedents, let him be released on provisional bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Araria in connection with Sikty P.S. Case No. 152 of 2012 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 and the other bailor shall be the father of the

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Patna High Court Cr.Misc. No.11539 of 2013 (2) dt.29-04-2013

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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.

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In the nature of allegations to obviate further possibility of implication in other criminal matters, the petitioner is directed to appear before the Head Priest of Local Temple, Araria within fifteen days of his release and file a certificate about the same in the Court. On filing of the certificate the petitioner will be granted provisional bail for a period of six months. In case, the petitioner

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Patna High Court Cr.Misc. No.11539 of 2013 (2) dt.29-04-2013

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does not file a certificate about his reporting to the Head Priest within two weeks of his release from jail custody, he shall be noticed cancellation of bail. During six months the petitioner is expected to engage himself in fruitful activities under the guidance of the Head Priest, Local Temple, Araria and at the end of the six months, he will file a certificate of his conduct in the court below issued by the Head Priest. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner and in case it is not, the petitioner will be taken in custody.

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(Anjana Prakash, J.)

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Vikash/-

Dharmanand Sharma @ Dharma Sharma @ Dharmendra Sharma v. The State Of Bihar

Case brief

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Dharmanand Sharma @ Dharma Sharma @ Dharmendra Sharma v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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