IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30995 of 2011
Bimlesh Kumar, son of Hirday Sah.
Versus
1. The State Of Bihar
2. Sudama Prasad Gupta, son of late Ayodhya Prasad Gupta.
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2. 18.10.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks anticipatory bail in a case
instituted for the offence under Sections 341, 323, 420 and
504/34 of the Indian Penal Code.
It has been submitted that the money has been
refunded to the complainant.
Considering the same, let the petitioner in the event
of surrender, named above, within four weeks from the date of
receipt of this order, in connection with Complaint Case No.
132 of 2010, 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 Chief
Judicial Magistrate, Rohtas at Sasaram, subject to the
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 bailor will also undertake to
inform the Court if there is 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 bailor shall also
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state on affidavit that he 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
bail on the ground of misuse. (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.
( Anjana Prakash, J.)
S.Ali