Kunal Kishore Srivastava v. The State Of Bihar

Patna High Court Cr.Misc. No.18451 of 2017 (2) dt.23-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18451 of 2017 Arising Out of PS.Case No. -330 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Kunal Kishore Srivastava s/o Sri Rajeshwar Prasad Shrivastava @ Rajeshwer Kumar Srivastava, Resident of Village and Post- Barharwa Lakhansen, P.S.- Dhaka, District- East Champaran..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amarendra Narayan For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and learned APP representing the State.

Supplementary affidavit has been filed on behalf of the petitioner which has been taken on record.

The petitioner seeks bail in connection with Sasaram (Model) Town P.S. Case No. 330 of 2017 registered for the offences punishable under Sections 409, 420 and 120B of the Indian Penal Code. Allegedly, the petitioner being a clerk in the District Transport Office, Rohtas at Sasaram in collusion and conspiracy used to issue driving license without entering memo number after taking bribe.

Submission is of false implication and that the petitioner without any fault is suffering in custody since 17.03.2017 and the petitioner has not committed any irregularity, as per order of the informant everything was done, co-accused Amit Kumar who was

Patna High Court Cr.Misc. No.18451 of 2017 (2) dt.23-05-2017 caught with cash has already been allowed bail vide Cr. Misc. No. 20582 of 2017 by another co-ordinate Bench of this Court, thereafter, Vivek Raj, Head clerk has also been allowed bail vide Cr. Misc. No. 18714 of 2017 by this Court and as such the petitioner deserves sympathetic consideration.

Learned APP fairly submits that two co-accused have been allowed bail.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram in connection with Sasaram (Model) Town P.S. Case No. 330 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T