IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34289 of 2011 ====================================================== Raju Yadav, son of late Ram Sagar Rai, resident of Vill. Makdumpur (Chandani Chock Mandir), P.S. Vaishali, Distt. Vaishali. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Despite repeated calls, none appears on behalf of the petitioner to press this application. However, I have heard learned Additional Public Prosecutor appearing on behalf of the State. The petitioner apprehends his arrest in a criminal prosecution registered under Section 406 of the Indian Penal Code. According to the prosecution case, the petitioner happens to be the commission agent of the informant. Petitioner is alleged to have taken away packets of sweets on the occasion of Deepawali festival for sale to the different shopkeepers, but he is alleged to have not returned the amount/price received by him from those shopkeepers. From the materials available on record, this Court finds that allegation as disclosed in the first information report has been Patna High Court Cr.Misc. No.34289 of 2011 (2) dt.12-10-2011 2 disputed by the petitioner and it has been claimed that dispute is of civil nature. Be that as it may, in the facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks from today, the above named petitioner is directed to be released on bail in connection with Budha Colony P.S. Case No. 204 of 2006 dated 05.11.2006 on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions: (a) that one of the bailors must be a government servant or close family member or relation 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 cases 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 Patna High Court Cr.Misc. No.34289 of 2011 (2) dt.12-10-2011 3 himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall at liberty to cancel the bail bond of the petitioner. Anjani /- (Birendra Prasad Verma, J)