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Patna High Court – Orders
Kamlapati Pandey vs The State Of Bihar & Anr on 23 August, 2011
                              Cr. Misc. No.24920 of 2011
                     Kamlapati Pandey son of Shri Bateshwar Pandey
                               The State Of Bihar & Anr

2/ 23.08.2011 Supplementary affidavit on behalf of the petitioner is

being filed. Let it be kept with the record.

Heard learned counsel for the petitioner and the State.

The petitioner seeks anticipatory bail in a case instituted

for the offence under sections 13(2), 13(1) of the Prevention of

Corruption Act and section 120-B, 109, 511 read with 420, 468 and

471 read with 468 of the Indian Penal Code.

First Information Report was instituted against one

Awadhesh Prasad Singh, Chief Engineer, for having acquired

disproportionate assets to his income. Some deeds of agreement

were produced by the petitioner as one of the Directors of M/s Hari

Madhav Developers Pvt. Ltd. showing that he had entered into

agreement with the son of said Awadhesh Prasad Singh for

developing his land and, therefore, was justifying disproportionate

assets of the accused Awadhesh Prasad Singh. Since the allegation

against the petitioner is based on inference, I am inclined to grant

anticipatory bail to the petitioner.

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

petitioner, named above, within four weeks from the date of receipt

of a copy of this order, in connection with SVU Case No.1 of 2008

(Spl. Vigilance Case No.6 of 2008), 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 Special Court Vigilance II, Patna, 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

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 and

further the petitioner shall undertake to be represented on the first

date after cognizance if the investigation in the case is still pending

and in case he fails to do so, his bail bond will be liable to be

cancelled (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 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.

JA/-                                            (Anjana Prakash,J.)

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