Ravindra Nath Ghose v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35411 of 2014 Arising Out of PS.Case No. -19 Year- 2010 Thana -KATORIA District- BANKA ====================================================== Ravindra Nath Ghose, son of late Anirudh Chandra Ghose, resident of Village Aliganj, P.S.- Banka, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan, Advocate. For the Opposite Party/s: Mr. Kanhiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 11-02-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence u/s 409 and 420/34 of the Indian Penal Code and that the petitioner, who has got no criminal antecedent and had also not been in fact even found to have played any role in the final form submitted by the police and he has now been linked in the present case only on the basis of summon issued by the trial court under section 319 of the Cr.P.C., this Court is inclined to grant the petitioner the privilege of anticipatory bail.

That being so, if the petitioner, namely, Ravindra Nath Ghose surrenders within a period of four weeks from today, the court below shall grant bail to the petitioner on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Banka in connection with Katoria P.S.Case No. 19 of 2010 (G.R. No. 109 of 2010), subject to the following conditions:

Patna High Court Cr.Misc. No.35411 of 2014 (2) dt.11-02-2015 2/2 (i) That both the bailors will be a close relative of the petitioner, who will undertake 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.

(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 bailors shall also state on affidavit that they 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 and every date in course 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) Sujit/- U