IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23701 of 2011 ====================================================== Ramashish Chauhan son of Shri Raghunandan Chauhan, resident of Village- Toral Bigha, P.S. Ariari, District- Sheikhpura. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s. Ajay kumar Thakur, Shamaneshwaram and Malay Kumar Choudhary, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, 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 307, 384, 386/34 and some other allied offences under the Indian Penal Code. Learned counsel for the petitioner submits that though the petitioner is alleged to have intercepted the informant with the help of some other accused persons and was allegedly armed with pistol, but he is not alleged to have caused any injury by resorting to firing. The allegation of snatching of Rs. 25,000/- from the pocket of the informant is being disputed on the ground that the informant was an executing agent of certain developmental works from the fund of local M.L.A., but due to sub-standard work, the petitioner, being a social worker and a candidate for membership of the Zila Parishad in the last election, objected the same and lodged protest. It is further submitted that the entire case is the result of the political rivalry between the two sides. Learned Additional Public Prosecutor appearing for the Patna High Court Cr.Misc. No.23701 of 2011 (3) dt.13-10-2011 2 / 3 2 State, though has opposed the prayer for anticipatory bail, but after going through the case diary he has not been able to point out that any other criminal case is pending against the petitioner. Be that as it may, in the facts and circumstances, in the event of his arrest or surrender in the court below within a period of four weeks from today, let above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Ariari P.S. Case No. 40 of 2011, subject to conditions as laid down under Section 438(2) Cr. P.C. and subject to the further conditions that: (A) 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, (B) 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 (C) the petitioner shall make regular pairvi in the court 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 Patna High Court Cr.Misc. No.23701 of 2011 (3) dt.13-10-2011 3 / 3 3 at liberty to cancel the bail bonds of the petitioner. BTiwary/- (Birendra Prasad Verma, J)