IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.24920 of 2011
Kamlapati Pandey son of Shri Bateshwar Pandey
Versus
The State Of Bihar & Anr
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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
2
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.)
