Md. Shakeel Ahmad v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51120 of 2014 Arising Out of PS.Case No. -84 Year- 2013 Thana -C.B.I CASE District- PATNA ====================================================== Md. Shakeel Ahmad S/o Late Alamgir, resident of village- Kohara, P.S.- Makhdumpur, District- Jehanabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr.Adv. For the Opposite Party/s : Mr. Kedar Singh, AC to I/c Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 14-05-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 467, 468, 471, 420, 120B of the Indian Penal Code and Section 13(2) read with 13(1)(d)(2) of the Prevention of Corruption Act and that the petitioner is facing allegation of having forged land possession certificate on the basis of which he is said to have been given loan by the Bank and that the petitioner has already refunded the amount of loan, this Court by also taking into account that those who were responsible in issuance of such forged/ fake land possession certificate including co-accused Lalan Kumar has already been granted privilege of anticipatory bail by an order dated 29.8.2014 in Cr.Misc.No. 19271/2014, in order to maintain parity, would also direct that if the petitioner, Md. Shakeel Ahmad, surrenders before the court below within a

Patna High Court Cr.Misc. No.51120 of 2014 (2) dt.14-05-2015 period of four 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 Special Judge, Vigilance-I, Patna in Special Case No.1/2014 arising out of Vigilance P.S.Case No. 84/2013, 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.

Patna High Court Cr.Misc. No.51120 of 2014 (2) dt.14-05-2015 (iv) That the petitioner will be well represented on 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