IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35645 of 2011 Vijay Kumar Singh son of late Rupa Ram Singh, Resident of Mohalla-purandarpur, P.S.- Pirbahore, Patna-4, presently posted as Joint Secretary, Deptt. Of revenue and Land Reforms, Old Secretariat, Patna Versus The State of Bihar ----------- 2. 24.10.2011. As prayed for, learned counsel for the petitioner is permitted to make correction in the name of father of the petitioner. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 144, 454, 380 and 504 of the Indian Penal Code. It is submitted on behalf of the petitioner that the case arises out of a complaint which has maliciously been instituted. The date and time of occurrence mentioned in the complaint is 25.7.1998 at 12.30 p.m. The petitioner was on official duty on that date and time at Patna. It is also submitted that under the orders of C.I.D., Patna a raiding party was constituted which conducted raid in the shop of the complainant at the relevant date and time of occurrence. The complainant had obstructed in carrying inspection by the raiding party. The co-accused Nawal Kishore Singh gave his statement to the Officer Incharge, Khagaria Police Station on the basis of which Khagaria P.S. Case No. 308 dated 25.7.1998 was registered for the offence under sections 147, 148, 149, 341, 323, 353, 333, 337, 307, 427 and 379 of the Indian Penal Code against the complainant and others. Thereafter, the complainant got the 2 present case instituted on 28.7.1998. It is also submitted that the petitioner is a government servant. He is presently posted as Joint Secretary, in the department of Revenue and Land Reforms at Patna. It is stated that though summons has been issued from the court below but the same was never served upon the petitioner and subsequently warrant of arrest was issued against him. Taking into consideration the facts and circumstances of the case let the petitioner named above in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sri Jai Prakash Kisku, learned Judicial Magistrate, Ist Class, Khagaria in connection with Complaint Case No.330C of 1998 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure and (i) that one of 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 bailors will undertake to furnish information to the court about any change in the address of the petitioner and (ii) 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. Md.S. ( Ashwani Kumar Singh, J.)