Sanjay Rai @ Sanjay Ray vs The State Of Bihar on 15 June, 2010

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr. Misc. No.20107 of 2010
                   SANJAY RAI @ SANJAY RAY son of Tipan Rai
                                     Versus
                            THE STATE OF BIHAR
                                    -----------

2/ 15.06.2010 Heard learned counsel for the petitioner and the State.

The petitioner seeks anticipatory bail in a case instituted

for the offence under sections 406 and 420 of the Indian Penal Code.

It has been submitted that the informant prior to filing of

this case on 7.3.2010 has already instituted a complaint on 7.1.2010

for the same cause of action and it is, thus, double jeopardy to the

petitioner. It has been specifically asserted that the complaint has not

been dismissed and, therefore, continuance of the First Information

Report is superfluous.

In view of such, in the event of surrender of the

petitioner, named above, within four weeks from today in connection

with Ara Moffasil P.S. Case No. 43 of 2010, he shall be released on

anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand)

with two sureties of the like amount each to the satisfaction of the

Chief Judicial Magistrate, Bhojpur, Ara, subject to conditions as laid

down under section 438 (2) Cr. P.C., and (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 petitioner shall

undertake to be represented on the first date after cognizance and in

case he fails to do so, his bail bond will be liable to be cancelled (iii)
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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 (iv) 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.

JA/-                                    (Anjana Prakash, J.)