Sachchu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40598 of 2014 Arising Out of PS.Case No. -267 Year- 2011 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Sachchu Kumar Son of Yugal Kishore Choudhary Resident of village- Chak Barkurba, P.S.- Kanti, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER --------------- 13-03-2015 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered under Section 420/34 of the Indian Penal Code.

Taking into considering the fact that the petitioner is a Government Agent working on the post of Panchayat Rojgar Sewak and further taking into consideration the fact that criminal case was lodged in the year 2011, but till date the petitioner has not been apprehended by the police, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. In the event of arrest or surrender within a period four weeks from today, the above named petitioner shall be released on bail on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West Muzaffarpur in connection with Kudhani P.S.Case No.267 of 2011, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure and further subject to the

Patna High Court Cr.Misc. No.40598 of 2014 (2) dt.13-03-2015 2/2 following conditions:

(A) one of the bailors must be a government servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned, and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J) Tahir/- U T