Surendra Mehta @ Surendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40114 of 2015 Arising Out of PS.Case No. -552 Year- 2013 Thana -MADHEPURA District- MADHEPURA ====================================================== Surendra Mehta @ Surendra Mahto Son of Jagdish Mahto Resident of village - Sari Tola, Ward No. 6, Police Station - Waris Nagar, District - Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brajesh Kumar Singh For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-09-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 420, 406 of the Indian Penal Code and the fact that the present criminal case against the petitioner seems to be a counter blast version of an earlier case filed by the son of the petitioner against the informant, Sikandar Yadav, this Court by taking into account that the petitioner also has got no criminal antecedent would be inclined to grant privilege of anticipatory bail. That being so, if the petitioner, Surendra Mehta @ Surendra Mahto, surrenders before the court below within a period of four weeks from today, he shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in Madhepura P.S.Case No.

Patna High Court Cr.Misc. No.40114 of 2015 (2) dt.30-09-2015 552/2013, subject to the following conditions: (i) That the court below shall make verification of criminal antecedent of the petitioner and if it is found that he is accused in any other criminal case, he shall not be granted bail and would be taken into custody. (ii) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(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 the 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

Patna High Court Cr.Misc. No.40114 of 2015 (2) dt.30-09-2015 each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U