IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15472 of 2011 ====================================================== Ashok Kumar Sharma, son of Dinesh Sharma @ Dinesh Mishra, r/o Vill. Gonahi Mathiya, P.S. Chhauradano, Distt. East Champaran at Motihari. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. T.N. Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 6 13-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 419 and 420 as also under Section 63 of the Copy Right Act. It is submitted by learned counsel appearing on behalf of the petitioner that as a matter of fact, the petitioner is not named in the first information report as an accused and he was the seizure list witness, but subsequently the petitioner, being the machine operator in the Cinema Hall in question, was also arraigned as an accused. It is further submitted that proprietor of the Cinema Hall would be the real beneficiary of the crime in question. Patna High Court Cr.Misc. No.15472 of 2011 (6) dt.13-10-2011 2 Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioner is directed to be released on bail in connection with Madhuban P.S. Case No.02 of 2001 on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sikrahana at Motihari subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions that:- (a) 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. (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 date, and if on two consecutive dates petitioner fails to make pairvi, then the court below Patna High Court Cr.Misc. No.15472 of 2011 (6) dt.13-10-2011 3 shall be at liberty to cancel the bail bond of the petitioner. Anjani /- (Birendra Prasad Verma, J)