Vikash Kumar Shrivastava @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32705 of 2017 Arising Out of PS.Case No. -206 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vikash Kumar Shrivastava @ Vikash Kumar Son of Bipin Bihari Prasad, Resident of Village- Naya Gaon, P.S.- Kesariya, District- East Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ansul, Advocate For the Opposite Party/s : Sri Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-07-2017 Heard Mr. Ansul, learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned Additional Public Prosecutor for the State.
The petitioner seeks pre-arrest bail in connection with Chakia P. S. Case No. 206 of 2015 registered under Sections 420, 120-B, 467, 468, 471, 406/34 of the Indian Penal Code and 3, 4 and 13 of the Foreign Exchange Management Act, 1999. Regard being had to the reasons assigned in the orders dated 3.05.2016 passed in Cri. Misc. No. 54731 of 2015, dated 23.03.2017 passed in Cri. Misc. No. 23802 of 2016 and dated 30.01.2016 passed in Cri. Misc. No. 52207 of 2015, Cri. Misc. no. 52635 of 2015 and Cri. Misc. No. 52646 of 2015, the petitioner
Patna High Court Cr.Misc. No.32705 of 2017 (2) dt.20-07-2017 P3/ who is alleged to be an Executive at the relevant time of commission of offence, is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in Chakia P. S. Case No. 206 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today and also subject to following conditions :- (i) the petitioner shall not influence the witnesses or tamper with any document;
(ii) the petitioner shall not leave the limits of India without prior permission of the trial court;
(iii) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; (iv) the petitioner shall not do any act prejudicial to the interest of the prosecution;
(v) the petitioner shall receive the police report and other documents in terms of Section 207 of the Code of Criminal Procedure as and when the same
Patna High Court Cr.Misc. No.32705 of 2017 (2) dt.20-07-2017 P3/ is supplied to him by the Court;
(vi) one of the sureties must be a Government servant/elected people's representative of Panchayat/Municipality; and the other shall be a close relative; and (vii) the petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move the Court for cancellation of bail. (Ashwani Kumar Singh, J.) Kanchan/- U T