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Patna High Court - Orders

Ajay Kumar @ Punit vs State Of Bihar on 22 February, 2010

Author: Anjana Prakash

Bench: Anjana Prakash

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.35204 of 2009
                        AJAY KUMAR @ PUNI, SON OF FAGUNI RAM
                                              Versus
                                       STATE OF BIHAR
                                            -----------

3.   22/02/2010

Heard learned Counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 420, 489A, 489B, 489C, 489D and 414/34 of the Indian Penal Code.

The prosecution case is that the petitioner on the pretext of being a businessman had tried to deal with 5,000/- rupees of forged notes. A report had been called for from the Superintendent of Police, Patna, about the petitioner's antecedents which reveal that the petitioner has no antecedents, thereby suggesting that the petitioner does not belong to any gang dealing with fictitious notes.

Taking into consideration the fact that the petitioner is in custody since 30.4.2009, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Beur P.S. Case No. 92 of 2009 corresponding to G.R. No. 2093 of 2009 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. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he -2- 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.

(Anjana Prakash, J.) S.Ali