Surendra Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48267 of 2014 Arising Out of PS.Case No. -106 Year- 2012 Thana -MANIYARI District- MUZAFFARPUR ====================================================== Surendra Rai, S/o Late Yugeshwar Rai, Resident of Village Raghunathpur Vasant, Police Station Kudhani, District Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The State Vigilance Department through Director General Vigilance, Bihar, Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha, Adv. For the Vigilance : Mr. Rama Kant Sharma, Sr. Adv for Vigilance L.O.
Mr. Rabindra Kumar, A.C. to Adv. Vigilance L.O.
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 27-05-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks anticipatory bail in a case instituted for the offence under Sections 341, 323, 504, 420, 120B, 467, 468, 471 of the Indian Penal Code, Sections 7, 8, 9 and 13 of the P.C. Act.
Considering that the Petitioner is ready to deposit a sum of Rs.20,000/- in the Court below without prejudice to his case and on such deposit within a period of four weeks, let the Petitioner in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Maniyari P.S. Case No. 106 of 2012, 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
Patna High Court Cr.Misc. No.48267 of 2014 (3) dt.27-05-2015 2/2 by the Court concerned to the satisfaction of Special Judge, Vigilance (North Bihar), Muzaffarpur, 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 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. (Anjana Prakash, J) S.