Harendra Singh @ Hari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18562 of 2015 Arising Out of PS.Case No. -114 Year- 2003 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Harendra Singh @ Hari Singh son of Sri Shiva Shankar Singh alias Shankar Singh Resident of Village- Husaina Khurd, P.S. Goraul , District- Vaishali .... .... Petitioner

Versus

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

For the Petitioner/s : None For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-06-2015 Having regard to the nature of allegation for offence under sections 420, 379, 406, 411/34 of the Indian Penal Code and that the allegation is basically against one Md. Taslim, who had allegedly handed over a stolen Bank draft of Rs.1,46,000/- to the informant and had taken away 360 bags of cement from the informant, this Court keeping in view that the petitioner was not even named in the F.I.R. lodged way back in the month of April, 2003 and his implication only has been found on account of recovery of the cement from the house given on rent by the petitioner to Md. Taslim, would find the petitioner, who also has got no criminal antecedent, to be entitled for privilege of anticipatory bail.

That being so, if the petitioner, Harendra Singh @ Hari Singh, surrenders before the court below within a period of four

Patna High Court Cr.Misc. No.18562 of 2015 (2) dt.15-06-2015 weeks from today, he shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Begusarai Town P.S.Case No. 114/2033, subject to the following conditions:

(i) That both the bailors will be a close relative of the petitioner who will give 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 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.

(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the 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. (iv) That the petitioner will be well represented on

Patna High Court Cr.Misc. No.18562 of 2015 (2) dt.15-06-2015 each and every date 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) surendra/- U