Maheshwar Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41342 of 2018 Arising Out of PS.C.ase No. -47 Year- 2018 Thana -JALE District- DARBHANGA ======================================================
1. Maheshwar Prasad Singh S/o Late Ram Bilash Singh, R/o Vill.- Khesar, P.S.- Jalley, District- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Nawal Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Jalley P.S. Case No. 47/2018, instituted for the offences under Section 7 of the E.C. Act and Section 409 of the Indian Penal Code. In the written report, it is alleged that some shortage was found in the stock register in the year 2015 in the PDS shop of the petitioner but the F.I.R. has been lodged after three years, i.e. in the year 2018 because of personal rivalry of the informant with the petitioner.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks
Patna High Court Cr.Misc. No.41342 of 2018 (2) dt.17-07-2018 2/2 from today, in connection with Jalley P.S. Case No. 47/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J.) Rakhi U T