Surendra Mishra Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.43339 of 2011 ====================================================== 1. surendra mishra s/o krishna mishra r/o hasanpur. p.s. kotwa, district east champaran. .... .... petitioner/s versus 1. the state of bihar .... .... opposite party/s ====================================================== coram: honourable justice smt. anjana prakash oral order (per: honourable justice smt. anjana prakash) 02. 19.01.2012 heard learned counsel for the petitioner and the state. the petitioner is apprehending his arrest in a case registered under section 302/34 of the indian penal code. considering that final report was submitted in the matter which was also accepted but the co-accused thereafter proceeded protest-cum-complaint petition and there is no specific overt act alleged against the petitioner, 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 shri s.k. singh, judicial magistrate, 1st class, motihari in connection with case no. c-207 of 2011, trial no. 4706 of 2011 arising out of kotwa p.s. case no. 12 of 2010 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 patna high court cr.misc. no.43339 of 2011 (2) dt.19-01-2012 2/2 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 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 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/-

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43339 of 2011 ====================================================== 1. Surendra Mishra S/O Krishna Mishra R/o Hasanpur. P.S. Kotwa, District East Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 02. 19.01.2012 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 302/34 of the Indian Penal Code. Considering that final report was submitted in the matter which was also accepted but the co-accused thereafter proceeded protest-cum-complaint petition and there is no specific overt act alleged against the petitioner, 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 Shri S.K. Singh, Judicial Magistrate, 1st Class, Motihari in connection with Case No. C-207 of 2011, Trial No. 4706 of 2011 arising out of Kotwa P.S. Case No. 12 of 2010 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 Patna High Court Cr.Misc. No.43339 of 2011 (2) dt.19-01-2012 2/2 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 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 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/-