Kamal Daruka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15403 of 2015 Arising Out of Kotwali P.S.Case No.366 Year- 2013 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Kamal Daruka, Son of Late Om Prakash Daruka, Resident of Mohalla - Bhagwan Das Marwari Lane, P.S. Kotwali, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh, Adv. For the State : Md. Ansarul Haque (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 28-05-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks anticipatory bail in a case instituted for the offence under Sections 419, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.

Supplementary affidavit filed today bringing on record the OTS scheme entered into between the Bank and the Petitioner, be kept on the record.

Considering the aforesaid, let the Petitioner in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Kotwali P.S. Case No. 366 of 2013, 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 concerned to the satisfaction of Chief Judicial Magistrate, Bhagalpur, subject to the following conditions:

Patna High Court Cr.Misc. No.15403 of 2015 (2) dt.28-05-2015 2/2 (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 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. (v) 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. The Petitioner is directed to make payments as agreed upon.

(Anjana Prakash, J) S.Ali/- U T