IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40835 of 2011 Dinesh Kumar son of Bindeshwar Rai Versus The State Of Bihar ---------------------------------- 3. 20.12.2011 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 406, 420/34 and 120B of the Indian Penal Code. It has been submitted that as per the complaint the petitioner himself had been appointed by co-accused persons in Muscan projects and there is no allegation that he had accepted the money in his individual capacity or that he had cheated any person. Considering the same, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Muzaffarpur Sadar P.S. case No.90 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor 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 bailor will undertake to furnish - 2 - information to the Court about any change in address of the petitioner. (ii) 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 ground of misuse, (iii) 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, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )