Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2193 of 2015 Arising Out of PS.Case No. -223 Year- 2013 Thana -SIRDALA District- NAWADA ======================================================

1. Santosh Kumar Son of Shri Mungeshwar Manjhi Resident of Village - Koiel Bhupat, P.S- Mehandia, District - Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Singh, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, AC to Vigilance L.O. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 30-01-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 420, 120B of the Indian Penal Code as well as 7 of the Essential Commodities Act and 8, 10 of the Prevention of Corruption Act.

Considering that no loss has been caused to the Government on account of act of the Petitioner, who has presently no case pending of similar nature, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from the date of receipt of this order in connection with Special case No.50 of 2014 arising out of Sirdala P.S. case No.223 of 2013 on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Special

Patna High Court Cr.Misc. No.2193 of 2015 (3) dt.30-01-2015 2/2 Judge, Vigilance 1st, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor 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 undertake to furnish information to the Court about any change in 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.