IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34228 of 2011 ====================================================== Manoj Kumar @ Manoj Kumar Singh, Panchayat Sewak, Panchayat Khairi Banka West, P.S. Bisfi, O.P. Aunsi, District- Madhubani. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ratnakar Jha, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Pandey, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution, based on a complaint petition, in which cognizance has been taken for offences under Sections 420 and 504 of the Indian Penal Code. The petitioner is alleged to have cheated Rs. 5000/- from the complainant. Learned counsel for the petitioner submits that the entire prosecution allegations are factually incorrect and no amount has been cheated by the petitioner. According to him, as a matter of fact the complainant has no concern with on-going work of construction in the Gram Panchayat in question. He further submits that the petitioner is prepared to deposit Rs. 5000/- in the court provided his defence is not adversely affected in the criminal trial. Be that as it may, in the event of his arrest or surrender in the court below within a period of 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 Chief Judicial Magistrate, Madhubani in Patna High Court Cr.Misc. No.34228 of 2011 (2) dt.12-10-2011 2 connection with C.R. No. 63/2008 corresponding to T.R. No. 2960/11 subject to conditions as laid down under Section 438(2) Cr. P. C. and subject to the following further conditions that: (A) the petitioner shall deposit Rs. 5000/- (Rs. Five thousand) either in cash or by any other means 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 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. BTiwary/- (Birendra Prasad Verma, J)