Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22069 of 2016 Arising Out of PS.Case No. -432 Year- 2015 Thana -AGAMKUAN District- PATNA ======================================================

1. Chandan Kumar son of Dashrath Sahni, resident of Village- Ishlamgang, P.S.- Maner, Distt- Patna. at present resident of Bahadurpur Housing Colony, P.s.- Agamkuan, Dist- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 290 of the Indian Penal Code and 47(a) of the Excise Act.

Considering that the Petitioner has fair antecedents, 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 six weeks from today in connection with Agamkuan P.S. case No.432 of 2015 on furnishing bail bonds of Rs.5,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, 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

Patna High Court Cr.Misc. No.22069 of 2016 (2) dt.19-05-2016 2/2 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.