IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.32020 of 2011
Diwakar Prasad son of late Hari Kishore Paswan
Versus
The State Of Bihar
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2/ 28.09.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 409 of the Indian Penal Code.
It has been submitted that the petitioner is in custody
since 19.06.2011 and is ready to deposit the alleged defalcated
amount of Rs.2,53,942/- in easy instalments.
Considering the same, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs.5,000/- (five
thousand) with two sureties of the like amount each or any other
surety to be fixed by the court below to the satisfaction of the Sub-
Divisional Judicial Magistrate, Banka, in connection with Banka
P.S. Case No.270 of 2010 subject to the conditions (i) That one of
the bailors 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 bailors will undertake to furnish information to the court about
any change in the 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
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
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bail on the ground of misuse, (iv) That the petitioner will give an
undertaking that he will receive the police papers on the given date
and be present on date fixed for charge and if he fails to do so on
two given dates and delays the trial in any manner, his bail will be
liable to be cancelled for reasons of misuse, and (v) That the
petitioner will be well represented on each date and if he fails to do
so on two consecutive dates, his bail will be liable to be cancelled.
The petitioner is directed to deposit a sum of the
Rs.10,000/-(ten thousand) per month in the court below till the
realisation of the defalcated amount and in case he fails to do so on
two consecutive months, his bail shall stand automatically cancelled.
JA/- (Anjana Prakash,J.)