Anil Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.541 of 2022 Arising Out of PS. Case No.-497 Year-2021 Thana- DIGHA District- Patna ====================================================== PRADEEP KUMAR Son of Rajnandan Singh Resident of Village - Nayatola, Kumharar (Ghera), P.S.- Agamkuan, Distt.- Patna, at Present Posted On the Post of Junior Engineer at Ganga Sone Flood Protection Diveision, Digha, Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6992 of 2022 Arising Out of PS. Case No.-497 Year-2021 Thana- DIGHA District- Patna ====================================================== ANIL KUMAR SINGH S/o Rameshwar Singh R/o village- Buduchak, Mohanpur, P.S.- Khalgaon, District- Bhagalpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 8872 of 2022 Arising Out of PS. Case No.-497 Year-2021 Thana- DIGHA District- Patna ====================================================== RAJESH KUMAR SON OF LATE SADAN PRASAD R/O - MAYA SADAN, ROAD NO.- 13C, BAHADURPUR, P.S.- BAHADURPUR, DISTRICT- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 541 of 2022) For the Petitioner/s :
Mr. Indu Bhushan, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 6992 of 2022) For the Petitioner/s :
Mr. Indu Bhushan, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 8872 of 2022) For the Petitioner/s :
Mr. Indu Bhushan, Advocate
2/6 For the Opposite Party/s :
Mr. Jai Narain Thakur, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-11-2022 CRIMINAL MISCELLANEOUS No.541 of 2022 petitioner is a person with clean antecedent. Learned counsel next submits that petitioner is a Junior Engineer and has been falsely implicated in the present case, it is next submitted that the FIR does not disclose as to when the said inspection was carried out, it is further submitted that for the same charges the petitioner has been put under suspension and is facing a departmental proceeding. Learned counsel also submits that since the charges in the departmental proceeding and the present FIR is same, as such, the petitioner be enlarged on anticipatory bail so that he can face departmental proceeding and prove his
3/6 innocence.
anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Digha P.S. Case No. 497 of 2021 subject to the conditions as laid down under CRIMINAL MISCELLANEOUS No. 6992 of 2022
4/6 petitioner is a person with clean antecedent. Learned counsel next submits that petitioner is a Junior Engineer and has been falsely implicated in the present case, it is next submitted that the FIR does not disclose as to when the said inspection was carried out, it is further submitted that for the same charges the petitioner has been put under suspension and is facing a departmental proceeding. Learned counsel also submits that since the charges in the departmental proceeding and the present FIR is same, as such, the petitioner be enlarged on anticipatory bail so that he can face departmental proceeding and prove his innocence.
anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case
5/6 is pending/successor court in connection with Digha P.S. Case No. 497 of 2021 subject to the conditions as laid down under CRIMINAL MISCELLANEOUS No. 8872 of 2022 petitioner is a person with clean antecedent and has been falsely implicated in the present case. Learned counsel next submits that petitioner is an Executive Engineer and he has already retired, it is next submitted that even the FIR does not disclose the date of inspection and the entire allegation hinges on the inquiry done for which a departmental proceeding was also initiated against the petitioner while he was in service but now he has retired and the proceeding have been converted under Section 43(B) of Bihar Pension Rules. Learned counsel next
6/6 submits that since the charges are the same and if the department is not able to prove the charge in the departmental proceeding then the present criminal case shall also become vulnerable.
anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Digha P.S. Case No. 497 of 2021 subject to the conditions as laid down under (Satyavrat Verma, J) GauravSinha/- U T