Patna High CourtCR. MISC./5103/2020bail granted

Hari Shankar Prasad Srivastava v. The State Of Bihar

2020-03-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5103 of 2020 Arising Out of PS. Case No.-68 Year-2018 Thana- VALMIKINAGAR District- West Champaran ====================================================== Hari Shankar Prasad Srivastava Son of Sri Rameshwar Prasad Shrivastava Resident of House No. F-2, Sadhanapuri, P.S.- Gardanibagh, District - Patna ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarveshwar Tiwary For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Balmikinagar P.S. Case No. 68 of 2018 registered for the offences punishable under Sections 409, 420/34 of the Indian Penal Code.

Petitioner was Superintendent Engineer at the relevant time and the accusation against him is that he did not take any action against the erring officials who made payment to concerned contractor without getting any approval from the higher authorities.

Submission on behalf of the petitioner is that other coaccused, against whom there is more serous allegation, have

Patna High Court CR. MISC. No.5103 of 2020(2) dt.03-03-2020 2/2 already been granted privilege of anticipatory bail by different Benches of this court and so far as petitioner is concerned, allegation of defalcation of government money is not against him.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bagaha in Balmikinagar P.S. Case No. 68 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T