IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35259 of 2008
M/S NATIONAL SMALL INDUSTRIES CORPORATION
LIMITED.
...PETITIONER
Versus
1. AVINASH KUMAR
2. THE STATE OF BIHAR
...OPPOSITE PARTIES
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03. 30.09.2010 Petitioner seeks cancellation of anticipatory bail
granted in favour of o.p.no.1 by learned Sessions Judge, Patna
in A.B.P.No.1417/2008.
It is contended that the instalment as fixed under
the impugned order, being one of the conditions for grant of
bail, has been breached by o.p.no.1. It is the stand of the
petitioner before this Court that pursuant to his release from jail
custody, o.p.no.1 has defaulted in making regular payment of
instalments, as directed under the impugned order. It is,
therefore, submitted that the order granting bail be cancelled.
This Court finds from the order impugned as under:
“In that event, petitioners shall be
enlarged on bail, on their furnishing bail
bonds of Rs.10, 000/- with two sureties of
the like amount each. They are further
directed to pay the remaining amount to
the complainant in further instalments of
Rs.10,000/- each. Failure on their part
will be a ground for cancellation of their
bail. In alternative, petitioners may
surrender in the court below with the
Demand Drafts of Rs.10,000/- each in
complainant’s favour.”
It is thus seen from the order impugned that learned
Sessions Judge while granting anticipatory bail has fairly
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observed that failure on their part will be a ground for
cancellation of their bail. In that view of the matter, this Court
disposes of this application granting liberty to the petitioner to
approach the court of learned Sessions Judge, Patna for
cancellation of bail for stated reasons.
( Kishore K. Mandal )
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