Patna High Court - Orders
Manoj Singh vs The State Of Bihar on 22 November, 2011
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 32582 of 2011
1. Manoj Singh, S/o Bindeshwari Singh,
Resident of Village - Bhojpurwa, P.S.-
Manjhagarh , Distt- Gopalganj.
Versus
1. The State of Bihar
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02. 22.11.2011Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered under Sections 420, 406, 467, 468, 471 and 122B of the Indian Penal Code.
The case of the complainant/informant is that the petitioner had induced him to buy a certain piece of property which did not have a clear title.
It has been submitted on behalf of the petitioner that he used to work as a Clerk with the complainant/informant and in course of his work he had suggested to buy the said property without knowing its title.
The complainant has stated that the co-accused Lal Babu has been directed by this Court to settle the dispute with the complainant/informant and, therefore, the petitioner also be directed to co-operate in the matter. The petitioner agrees to this.
In view of such, let the petitioner, above named be released on anticipatory bail in the event of arrest or 2 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 Gopalganj P.S. Case No. 168 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 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 3 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.
It is expected that the petitioner will make whole hearted efforts to ensure that a settlement be made between the co-accused Lal Babu and the informant/complainant.
(Anjana Prakash, J.) Vikash/-