Patna High Court - Orders
Md. Imran vs The State Of Bihar on 21 February, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4930 of 2013
======================================================
Md. Imran, Driver of truck No. HR55L-7522, son of Deen Mohammad,
resident of village Badha, P.S. Punahana, Distt. Mewat, Haryana.
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Adv.
Mr. Chandra Shekhar Singh, Adv.
For the State : Mr. Nagendra Pd., A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
2 21-02-2013Heard learned counsel for the Petitioner and the State.
The Petitioner seeks bail in a case instituted for the offence under Sections 415, 420, 406, 407, 409(B) Indian Penal Code, Sections 81(2)b, 81(3)C and 81(4) of the Bihar Value Added Tax Act, 2005.
Considering that the Petitioner is a Driver of the vehicle and he is in custody since 16.12.2012, let the Petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with three sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Chief Judicial Magistrate, Kaimur, at Bhabhua, in connection with Mohania P.S. Case No. 379 of 2012 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 Patna High Court Cr.Misc. No.4930 of 2013 (2) dt.21-02-2013 2/2 genealogy as to how he is related with the Petitioner, second bailor shall be the brother of the Petitioner namely, Nadim and third bailor shall be an Officer of the Company of which the Petitioner is an employee. 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 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.
(Anjana Prakash, J) S.Ali