Rambali Bhagat @ Rambali Prasad Kushwaha v. The State Of Bihar

Patna High Court Cr.Misc. No.13357 of 2016 (2) dt.01-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13357 of 2016 Arising Out of PS.Case No. -270 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Rambali Bhagat @ Rambali Prasad Kushwaha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nitu Kumari, Adv. For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 01-04-2016 Heard learned counsel for the Petitioner and the State. The Petitioner apprehends his arrest in case instituted for the offence under Section(s) 47A of the Excise Act. Considering that the petitioner is first offender it is ordered that in the event of surrender/arrest of the Petitioner, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Motipur P.S. Case No. 270 of 2015 he 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 below to the satisfaction of the Sub-Divisional Judicial Magistrate (west) Muzaffarpur subject to the conditions as laid down under sections 438(2) Cr. P. C and

1. That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how

Patna High Court Cr.Misc. No.13357 of 2016 (2) dt.01-04-2016 he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner,

2. 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,

3. 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,

4. 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.

5. 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) Prakash/- U T