Vakil Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40065 of 2015 Arising Out of PS.Case No. -100 Year- 2015 Thana -BUNIADGANJ District- GAYA ====================================================== Vakil Raut Son of Sri Kapil Raut of village - Therwa Bigha, P.S. Buniyadganj, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate. For the Opposite Party/s : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-09-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner is facing allegation for offence under Section 47(A)(F) of the Excise Act read with Sections 272 and 273 of the Indian Penal Code and that he claims to have no criminal antecedent, this Court would be inclined to grant privilege of anticipatory bail to him.

That being so, if the petitioner, namely, Vakil Raut, surrenders before 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/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Buniyadganj P.S. Case No. 100 of 2015; subject to the following conditions:

(i) That both the bailors will be close family relatives of the petitioner, who will undertake an affidavit giving genealogy

Patna High Court Cr.Misc. No.40065 of 2015 (2) dt.30-09-2015 2/2 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 affidavit shall clearly state that the petitioner is not accused in any other case and if he is, he shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they 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 his bail on the ground of misuse.

(iv) That the petitioner will be well represented on each and every date in course 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) Sujit/- U