Gopal Singh @ Sandeep Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 886 of 2016 Arising out of P.S. Case No. -257 Year- 2013 Thana -PATNA COMPLAINT CASE District- PATNA =================================================== Gopal Singh @ Sandeep Kumar Singh Son of Sri Vinay Kumar Singh Resident of Maner Kothi, Resident of Village Maner, Police Station- Maner, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. M/s RSPL Ltd, through its General Manager, Shri Vinod Shukla, Son of Bal Krishna Shukla, 106/366 R.K. Nagar, G.T. Road, Police Station- Nagirabad, Kanpur City, Town & District- Kanpur (U.P.) .... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Verma, Adv. For the Opposite Party/s: Mr. Tapeshwar Sharma (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

02. 12.01.2016 Supplementary-Affidavit filed today on behalf of the Petitioner stating therein that the cognizance has been taken under Section 406 of the Indian Penal Code be kept on record. Heard learned counsel for the Petitioner and the State.

The Petitioner is apprehending his arrest in a case registered under Section 406 of the Indian Penal Code. It has been submitted by Counsel for the Complainant that there is another case pending against the Petitioner which is denied by the Counsel for the Petitioner. Considering that there is only suspicion against the Petitioner of having been hands in glove with the main accused, let the Petitioner, above named who has fair antecedents 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 the order on

Patna High Court Cr.Misc. No.886 of 2016 (2) dt.12-01-2016 furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sushree Ritu Kumari, Judicial Magistrate, 1st Class, Sadar, Patna or her successor in connection with Complaint Case No. 257(C) of 2013 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also 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 she is she 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 her 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 date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

Vikash/- (Anjana Prakash, J.) U T