IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26432 of 2011
1. Prahlad Prasad, son of Late Kailash Prasad
2. Mahesh Kumar, son of Prahlad Prasad.
Versus
The State Of Bihar
----------------------------------
3. 18.10.2011 Heard learned counsel for the petitioners, learned
counsel for the Informant and the State.
The petitioners seek anticipatory bail in a case
instituted for the offence under Sections 406, 420 of the Indian
Penal Code and Section 27 of the Arms Act.
Considering that the dispute arose out of
business transaction, let the petitioners in the event of
surrender, named above, within four weeks from the date of
receipt of this order, in connection with Complaint Case No.
1448 of 2010, shall be released on anticipatory bail on
furnishing bail bond of Rs. 5,000/- (Five thousand) each with
two sureties of the like amount each to the satisfaction of Shri
S.C. Srivastava, Judicial Magistrate, 1st Class, Sasaram,
Rohtas, subject to the 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 petitioners, who will give an affidavit giving
genealogy as to how he is related with the petitioners. The
bailors will undertake to furnish information to the court about
any change in the address of the petitioners. (ii) That the
affidavit shall clearly state that the petitioners are not accused
in any other case and, if they are, they shall not be released
on bail. (iii) That the bailors shall also state on affidavit that
2
they will inform the court concerned if the petitioners are
implicated in any other case of similar nature after their
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 petitioners will be well
represented on each date and if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
( Anjana Prakash, J.)
S.Ali