IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26936 of 2011
1. Diwakar Prasad Sinha S/O Late Kamal Nayan Prasad
Sinha R/O Vill. Gonama Colony, Kachahari Road, P.S.
Barh, Distt. Patna.
Versus
1. The State of Bihar
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02. 12.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner is apprehending his arrest in a case
registered under Section 420 of the Indian Penal Code and
Section 130 of N.I. Act.
In the complaint the allegation against petitioner is
that he had given a cheque of Rs. 40,000/- which bounced. The
submission of the petitioner is that he is ready to pay the said
amount to the complainant in equal instalments if he is
granted bail.
Considering the said undertaking, let the petitioner,
above named be released on anticipatory bail in the event of
arrest or surrender before the learned Court below within a
period of four weeks from the date of receipt of the order on
furnishing bail bond of Rs. 5,000/- (Five Thousand) with two
sureties of the like amount each or any other surety as fixed by
the Court to the satisfaction of Sri Lalan Kumar, Judicial
Magistrate, 1st Class, Barh (or its successor) in connection with
Complaint Case No. 579(C) of 2010 subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure as also subject to the following 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
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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 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.
The Court below will initially release the petitioner on
provisional bail for a period of four months and if he satisfies
before the Court that the entire Rs. 40,000/- had been paid by
him, the Court below shall confirm provisional bail granted to
the petitioner on the conditions mentioned above.
(Anjana Prakash, J.)
Vikash/-