IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.38422 of 2010
SOHAWAN SINGH @ SHOBAHAN SINGH s/o Late Kameshwar Singh
Versus
STATE OF BIHAR
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2/ 16.11.2010 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under section 135 of the Electricity Act.
The petitioner is ready to deposit half of the disputed
amount of Rs.2,48,600/- in favour of the Electricity Board subject to
the final out come of the case.
It has been submitted on behalf of the petitioner that he
be allowed to deposit half of the disputed amount in two
instalments.
The first instalment of the half disputed amount shall be
deposited before the petitioner is released on bail and the second
instalment shall be paid within a period of four weeks after the
release of the petitioner on bail.
Under the circumstances, let the petitioner, above named,
be released on provisional bail on furnishing bail bond of Rs.5,000/-
(five thousand) with two sureties of the like amount each or any
other surety to be fixed by the court concerned to the satisfaction of
the Additional Chief Judicial Magistrate, Patna City, in connection
with Khusrupur P.S. case no.35 of 2010, subject to the conditions (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
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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, (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 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.
After the deposit of the entire amount, as agreed, the
provisional bail of the petitioner shall be confirmed.
JA/- (Anjana Prakash, J.)