Sarju Singh @ Saryu Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50431 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================
1. Ramanuj Chaudhary Son of Shri Lakshman Singh, Resident of villageFakila, P.S.- Kargahar, District- Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar
2. Bihar State Food & Civil Supplies Corporation Ltd. through District Manager, Rohtas at Sasaram .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52305 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================
1. Sarju Singh @ Saryu Singh Son of late Sudarshan Singh Proprietor of M/s Sri Rice Mill Karjar sheosagar, Resident of Village- Takiya, Bazar, ward No. 2, P.s Sasaram, District Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The District Manager, Bihar State Food an Civil Supply Corporation, Rohtas at Sasaram.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.50431 of 2015) For the Petitioner/s : Mr. Jai Narain Thakur, Advocate For the Opposite Party/s : Mr. C.Sen Pd.Singh, APP (In Cr.Misc. No.52305 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Pd., APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 420 and 409 of the Indian Penal Code.
Patna High Court Cr.Misc. No.50431 of 2015 (2) dt.10-11-2015 2/3 Considering that the Petitioners are ready to deposit 20% of the defalcated amount, let the petitioners above named be released on provisional anticipatory bail for a period of four months from the date of receipt of this order in connection with Sheosagar P.S. case No.64 of 2015 on furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also condition (i) that one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners.
In the meanwhile, the Petitioners shall deposit the amount in this period and on their so deposit the provisional anticipatory bail shall be confirmed by the court below on conditions (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release
Patna High Court Cr.Misc. No.50431 of 2015 (2) dt.10-11-2015 3/3 in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (v) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. (Anjana Prakash, J) Narendra/- U T