Desh Pal Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46958 of 2014 Arising Out of PS.Case No. -681 Year- 2013 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Desh Pal Srivastava S/o Damodar Prasad Srivastava Resident of New Area, Jora Mandir, Srivastav Gali, P.S. Dehri, Town, District Rohtas. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Shahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-04-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 406, 420. 120B of the Indian Penal Code as also the fact that the very look of the First Information Report gives an impression of civil dispute relating to money claim, this Court keeping in view that the petitioner has got no criminal antecedent would direct that if the petitioner, Desh Pal Srivastava, would surrender in the court below within a 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 S.D.J.M., Dehri, District Rohtas in Dehri Town P.S.Case No. 681/2013, subject to the following conditions:

(i) That both the bailors will be a close relative of

Patna High Court Cr.Misc. No.46958 of 2014 (2) dt.23-04-2015 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 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