Mukesh Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46390 of 2015 Arising Out of PS.Case No. -2487 Year- 2011 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Mukesh Prasad S/o Late Mahavir Prasad, Resident of village- Ladour, P.S. Gaighat, Dist.- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Jira Devi w/o late Ganga Sah, resident of village Ladauva, P.S. Gaighat, Dist. Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s : Mr. S.D. Singh Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 420 of the Indian Penal Code. Considering that the only allegation against the Petitioner is that he was in the Panchayati, 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 Trial No.2976 of 2015 arising out of Complaint case No.2487 of 2011 on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Dixit, J.M., 1st class, Muzaffarpur, subject to the conditions as laid

Patna High Court Cr.Misc. No.46390 of 2015 (2) dt.15-10-2015 2/2 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 be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Anjana Prakash, J) Narendra/- U T