RAKESH MALVIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner's prayer for bail in terms of Sec. 438, Code Criminal Procedure having been rejected. this petition has been filed.

(2.) It is stated that the parents and brother of the petitioner have been granted protection under Sec. 438, Code Criminal Procedure It is further stated that the petitioner has to appear for the LL.B. examination commencing from tomorrow, i.e. 31.5.2007 and it is likely to continue till 12th July, 2007. For the purpose of enabling the petitioner to appear at the examination, we direct that in case the petitioner is arrested, he shall be released on bail of Rs. 10,000.00 with two sureties of the said amount to the satisfaction of the arresting officer in respect of Kadam Kuan P.S. Case No. 884 of 2006 pending in the Court of Sessions Jude, Patna.

(3.) This order shall- be operative for a period of two months, during which the petitioner shall move the concerned Court for regular bail. any application for bail is made after surrendering, the same shall be disposed of on the day it is presented. Needless to say that before surrendering and moving for bail, the prosecuting agency and/or the Counsel for the State appearing in the concerned case and Court shall be intimated. We make it clear that by extending interim protection to the petitioner, we have not expressed any opinion on the merits of the case.