IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12685 of 2008
SURENDRA PRASAD
Versus
STATE OF BIHAR
-----------
03 9.7.2008 Petitioner apprehends his arrest
in Rajgir P.S. case No. 52 of 2007 registered
under Section 409 and 420/34 of the Indian
Penal Code and prays for grant of anticipatory
bail.
Mr. Amish Kumar, appearing on
behalf of the petitioner submits that the
learned Sessions Judge on its own finding ought
to have acceded to the prayer of the
petitioner. He points out that while rejecting
the prayer of bail the learned Sessions Judge
has observed that ” not handing over charge of
the amount has been made against the accused
Surendra Paswan and from para 56 and 52 of the
case diary, it transpires that Surendra Paswan
has not made over charge of the amount.”
Mr. Bhupesh Kumar,Additional Public
Prosecutor, appears on behalf of the State.
Having heard learned Counsel for
the party and taking into consideration the
facts and circumstances of the case, I allow
this application and direct that the petitioner
2
abovenamed, in the event of his
arrest/surrender within four weeks, be released
on bail on furnishing personal bond of
Rs.10,000/-(ten thousand) with two sureties of
the like amount each to the satisfaction of the
Chief Judicial Magistrate, Nalanda in Rajgir
P.S. case No. 52 of 2007,subject to the
conditions as laid down under Section 438(2) of
the Code of Criminal Procedure.
Let a copy of this order be also
forwarded to the District and Sessions Judge,
Nalanda.
(Chandramauli Kr.Prasad,J.)
A.Kumar