IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25604 of 2011
Ramakant Rai, S/o Late Nathuni Rai.
Versus
The State of Bihar
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02. 25.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner is apprehending his arrest in a
case registered under Section 7 of E.C. Act.
It has been submitted that even as per the facts
of the First Information Report the case appears to have
been based on suspicion.
Considering the same as also that the petitioner
is handicapped, let the petitioner, above named be
released on anticipatory bail in the event of arrest or
surrender before the learned Court below within a period
of four weeks from the date of receipt of the order on
furnishing bail bond of Rs. 5,000/- (Five Thousand) with
two sureties of the like amount each or any other surety
as fixed by the Court to the satisfaction of Chief Judicial
Magistrate, Gopalganj in connection with Bishambharpur
P.S. Case No. 30 of 2011 subject to the conditions as laid
down under Section 438(2) of the Code of Criminal
Procedure as also subject to the following conditions:- (i)
That one of the bailors will be a close relative of the
petitioner who will give an affidavit giving genealogy as to
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how he is related with the petitioner. The bailor will also
undertake to inform the Court if there is 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. (iii)
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. (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. (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.
(Anjana Prakash, J.)
Vikash/-