High Court Patna High Court - Orders

Diwakar Prasad vs The State Of Bihar on 28 September, 2011

Patna High Court – Orders
Diwakar Prasad vs The State Of Bihar on 28 September, 2011
                  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
                                       -----------

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.)