Basant Raj Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 20410 of 2015 Arising out of P.S. Case No. -563 Year- 2014 Thana - MOTIHARI TOWN District- EASTCHAMPARAN(MOTIHARI) =================================================== Basant Raj Jaiswal S/o Ram Chandra Prasad, R/o Village/Mohalla- Henery Bazar, P.S. Nagar, Disrict- East Champaran, Motihari.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. For the Opposite Party/s: Mr. Shailendra Kr. 2 (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

29.07.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 409, 420 and 120(B)/34 of the Indian Penal Code and Section 7 of the E.C. Act. The Petitioner was refused bail by order dated 12.01.2015 but had been granted liberty to renew his prayer for bail after framing of charge and the Petitioner has renewed his prayer for bail on the ground that charges have been framed on 09.04.2015.

In view of such, 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 as fixed by the Court to the satisfaction of Sub-divisional Judicial Magistrate, Sadar

Patna High Court Cr.Misc. No.20410 of 2015 (2) dt.29-07-2015 Motihari in connection with Motihari Nagar P.S. Case No. 563 of 2014 (Tr. No. 7732 of 2014) 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 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 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.

Vikash/- (Anjana Prakash, J.) U T