IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 29642 of 2011 1. Baleshwar Prasad, S/o Late Nageshwar Prasad Vill-Simaria, P.O & P.S- Revelganj, Dist-Saran. Versus 1. The State of Bihar & Anr. ------------------- 03. 30.11.2011 Heard learned counsel for the petitioner, informant, State and the Vigilance. The petitioner seeks bail in a case instituted for the offences under Sections 386, 406, 504, 506/34 and 120B of the Indian Penal Code. The prosecution against the petitioner who was Officer In-charge of Kazi Mohammadpur P.S. is that he had acted in a high handed manner while holding office as Officer In-charge. It has been submitted that the First Information Report is unduly delayed and now that the charge-sheet has been submitted there is no question of petitioner tampering with prosecution evidence. The further submission is that the petitioner has been departmentally proceeded against and suspended. Learned counsel for the informant supports the allegations and submits that he does not deserve bail. Learned counsel for the Vigilance and the State likewise submits that the petitioner did not behave in the manner which was expected of him as the Officer In- charge, Kazi Mohammadpur and should not be given the 2 liberty of bail. The further submission of the Counsel for the Vigilance is that Manish Kumar who was alleged to be the main architect of the case has not been proceeded against legally and, therefore, the allegations against petitioner stands substantiated. Considering that the petitioner is behind the bars since 21.05.2011 and the charge-sheet has been submitted therefore there is no scope of the petitioner tampering with prosecution evidence as also since he is a Government servant there is no question of his absconding, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Mushari P.S. Case No. 46 of 2011 subject to the following conditions:- (i) That one of the 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 and the other bailor shall be the daughter of the petitioner namely Swati Singh. The bailor will also undertake to inform the Court if there is any change in the 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 3 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 the 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 and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)