IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21344 of 2010
RAJEEV KUMAR KANOJIA S/O LATE JAGDISH KANOJIA
Versus
STATE OF BIHAR
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2. 29.6.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case
instituted for the offence under section 324,307/34
of the Indian Penal Code, Section 420 of the Indian
Penal Code and Section 138 of the Negotiable
Instrument Act.
Both the parties have appeared before this
Court and submit that the grievances of the
complainant would be satisfied, if the petitioner
undertakes to return Rs. 80,000/- received by him
from the complainant and pursuant thereof the
complainant undertakes to withdraw the present
prosecution case.
In view of such let the petitioner be
released on provisional bail for a period of 3 months
on furnishing bail bond of Rs. 5,000/- (five
thousand) with two sureties of the like amount
each to the satisfaction of the Chief Judicial
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Magistrate, Buxar, in connection with Complaint
Case No. 420(C)/09, subject to the conditions, (i)
That one of the bailor 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 bailor will undertake to furnish
information to the court about any change in the
address of the petitioner, (ii) That the bailor shall
also state on affidavit that he 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, (iii) 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.
In the period of provisional bail, the
petitioner shall deposit a demand draft in favour of
the complainant to the tune of Rs. 80,000/- which
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will be permitted to be withdrawn by the
complainant. As and when the demand draft is
deposited, the provisional bail granted to the
petitioner shall be confirmed by the court below.
The complainant undertakes to file an application
before the court concerned stating therein that he
wishes to withdraw complaint petition within two
weeks of his receipt of the demand draft.
Fahad. ( Anjana Prakash, J.)