Shiv Charan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48155 of 2014 Arising Out of PS.Case No. -39 Year- 2014 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ====================================================== Shiv Charan Choudhary, Son of Late Somar Choudhary, resident of villageTilaiya, Police Station- Chhabilapur, District- Nalanda .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Raj Kishore Singh, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-02-2015 Heard.

The petitioner seeks bail in a criminal prosecution registered under Sections 420, 466, 467, 468 and 471 of the Indian Penal Code.

Taking into consideration the fact that the criminal prosecution is relating to employment on the post of Panchayat Teachers on the basis of the selection process started in the year 2008, which, according to learned counsel appearing on behalf of the petitioner, was subsequently cancelled and further taking into consideration the fact that the petitioner is in judicial custody since 21.07.2014, his prayer for bail is allowed. The petitioner above named is directed to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Chhabilapur P.S.Case No.39 of 2014, subject to the conditions that: (a) One of the bailors shall be a government servant,

Patna High Court Cr.Misc. No.48155 of 2014 (2) dt.20-02-2015 (b) the other bailor shall be either family member or close relative of the petitioner, (c) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(d) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J) Arvind/- U T