IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22062 of 2011 ====================================================== Brij Raj Singh @ Laltesh Singh son of Late Ramadhar Singh, resident of village- Murarpur, P.S. Karakat, District- Rohtas. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Ranjan Pandey, Advocate. For the Opposite Party/s : Mr. Ajay Kumar Jha, Addl. P.P. CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 13-10-2011 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 420, 427/34 of the Indian Penal Code. Learned counsel for the petitioner submits that though in the F.I.R. the petitioner, being Mukhiya, and his accomplice co- accused Kamta Paswan are alleged to have cheated Rs. 8000/- from one Shanti Devi and one Ram Chandra Ram for the purpose of granting them benefits under the Indira Awash Scheme, but during the course of investigation that allegation has not been fully supported by the alleged victims. Learned Additional Public Prosecutor has opposed the prayer for anticipatory bail and by referring to the case diary, he has submitted that the allegations were initially supported by the victims, but subsequently they backed off from the allegations. Learned counsel for the petitioner has lastly submitted that the petitioner is prepared to deposit Rs. 16,000/- in the court below provided his defence is not adversely affected during the course of Patna High Court Cr.Misc. No.22062 of 2011 (3) dt.13-10-2011 2 / 3 2 the criminal trial and that money is kept in the court till final disposal of the trial of the petitioner. Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender in the court below within four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub- Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Karakat P. S. Case No. 177 of 2009, subject to the conditions laid down under Section 438(2) Cr. P.C. and subject to the further following conditions that: (A) the petitioner shall deposit Rs. 16,000/- (Rs. Sixteen thousand) either in cash or by any other mode as directed by the learned trial court which shall be subject to result of the criminal trial of the petitioner, (B) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (C) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (D) the petitioner shall make regular pairvi in the court Patna High Court Cr.Misc. No.22062 of 2011 (3) dt.13-10-2011 3 / 3 3 below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. B Tiwary/- (Birendra Prasad Verma, J)