Manoj Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1853 of 2015 Arising Out of Complaint Case No. C.26 Year- 2014 District- NAWADA ====================================================== Manoj Prasad, Son of Ganga Mahto, Resident of Village - Mirchak, P.S. - Warsaliganj, District Nawada presently Chairman, Managing Committee Mosama Primary Agriculture Credit Society, P.S. Warsaliganj, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Harinandan Singh, son of Late Mishri Singh, Resident of village - Khanpur, P.S. - Warsaliganj, District - Nawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar, Adv. For the Opposite Party/s : Mr. Ram Sumiran Rai, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 16-01-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks anticipatory bail in a case instituted for the offence under Sections 323, 504 and 420 of the Indian Penal Code.

Considering the nature of allegation against the Petitioner, let the Petitioner in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Complaint Case No. C.26 of 2014, Trial No. 3146 of 2014, shall be released on anticipatory 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

Patna High Court Cr.Misc. No.1853 of 2015 (2) dt.16-01-2015 2/2 concerned to the satisfaction of Sri S.K. Mishra, Judicial Magistrate, 1st Class, Nawada, 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 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.

(iii) 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. (iv) 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/- U T