Sitanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43877 of 2014 Arising Out of PS.Case No. -33 Year- 2013 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Sitanshu Kumar, son of Chandeshwar Singh, resident of Mohalla Rajpoot Nagar, P.S. & Town Hajipur, Distt. Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suraj Samdarshi, Adv. For the Opposite Party/s : Mr. Akhileshwar Prasad Singh, Sr. Adv. Mr. Rajiv Ranjan Prasad, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 22-01-2015 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 420, 467, 468, 470, 471 and 120B of the Indian Penal Code.
Considering that the amount withdrawn by the Petitioner i.e. 50,000/- which was transferred in the account of the Petitioner's wife has already been deposited by her in the Court below, let the petitioner above named, be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Sub Divisional Judicial Magistrate, Patna, in connection with Economic Offence P.S. Case No. 33 of 2013, subject to the conditions, (i) That one of the
Patna High Court Cr.Misc. No.43877 of 2014 (3) dt.22-01-2015 2/3 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.
The grievance raised by the counsel for the informant Company is that the money deposited by the Petitioner's wife is not being released in his favour. The Court concerned is directed to release the same without prejudice to the
Patna High Court Cr.Misc. No.43877 of 2014 (3) dt.22-01-2015 3/3 rights of any of the Parties.
(Anjana Prakash, J) S.Ali/- U T