In anticipatory bail proceedings, the single judge granted bail to the petitioner only on conditions: surrender within four weeks and payment of Rs. 2,05,000 (50% of loss assessed). Failure to comply results in bail cancellation.
Anticipatory bail granted subject to surrender within four weeks and payment of Rs. 2,05,000.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10842 of 2014
| ====================================================== Ajay Paswan (Ex. Mayor Of The Darbhanga Municipal Corporation, Darbhanga) Son Of Sh. Mahavir Ram Resident Of Village - Navtolia, Post Laheriasarai, P.S.- Bahadurpur, District - Darbhanga .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Suresh Pd. Singh, APP ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER |
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| 2 | 03-06-2014 Having regard to the nature of allegation against the petitioner for offence under Section 406, 408, 409, 420, 468, 471, 120B read with Section 34 of the Indian Penal Code and the fact that such allegations have surfaced against the petitioner who was holding the post of Mayor in Darbhanga Municipal Corporation as with regard to illegality in purchase of materials by him in league with Vinod Kumar Jha, the then Municipal Commissioner, Sri |
| Ratan Kumar, the then Account Officer as also the supplier, | |
| namely, M/s Azad Sales, Exhibition Road, Patna, this Court can only grant anticipatory bail to the petitioner if he would pay a sum of Rs. 2,05,000/-, the 50% of the amount of loss assessed by the Enquiry Committee. In other words, if the petitioner, namely, Ajay Paswan would surrender before the court below within a period of four weeks from today and pay a sum of Rs. 2,05,000/-, he will be |
Patna High Court Cr.Misc. No.10842 of 2014 (2) dt.03-06-2014
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released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Town P.S. Case No. 311 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to the following conditions:-
(i) The two bail bonds will be furnished by the close family relative.
(ii) The petitioner will remain present in course of trial on each and every day and his absence even for two consecutive days would automatically entail the consequences of cancellation of his bail.
(iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail.
(Mihir Kumar Jha, J)
Rishi/-
1 issue framed by the court
Whether an order granting anticipatory bail subject to payment of money lost and surrender within four weeks is maintainable.
1 provisions across 1 enactments
Ajay Paswan
The State Of Bihar
MIHIR KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
