Vijay Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9220 of 2015 Arising Out of PS.Case No. -145 Year- 2014 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Vijay Kumar Verma Son of Late Ganesh Prasad Verma, Ex-clerk, Primary Health Centre, Pakari Dayal, District- East Champaran at Motihari, permanent Address- Resident of Village- Pandey Tola, P.S.- Sikarganj, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vibhakar Kumar, Advocate. Mr. Vinay Kumar, Advocate.

For the Opposite Party/s : Mr. Subhash Chandra Mishra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 09-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Vijay Kumar Verma, in connection with Pakridayal Police Station Case No. 145 of 2014 under Section 409 of the Indian Penal Code.

Perused the above application and materials on record including a copy of the order, dated 09.04.2015, passed, in A.B.P. No. 803 of 2014/1419 of 2014, by the learned Sessions Judge, East Champaran, Motihari, dismissing the said application for prearrest bail. Heard Mrs. Fauzia Shakil, learned Counsel for the

Patna High Court Cr.Misc. No.9220 of 2015 (4) dt.09-07-2015 2/3 petitioner, and Mr. Subhash Chandra Mishra, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the petitioner was already granted bail in the case, which had been lodged against him for misappropriation of fund, and in the case, wherein the petitioner has, now, sought pre-arrest bail is a case, wherein it is alleged that he has not handed over service book etc., this Court is of the view that the petitioner has been able to make out a case calling for appropriate direction for pre-arrest bail.

Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Pakridayal Police Station, East Champaran, Motihari. This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Pakaridayal Police Station, East Champaran, Motihari, and make himself available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

Patna High Court Cr.Misc. No.9220 of 2015 (4) dt.09-07-2015 3/3 him/her from disclosing such facts to the Court or to any police officer.

This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Pakridayal Police Station, East Champaran, Motihari.

Send also a copy of this order, forthwith, to the Superintendent of Police, East Champaran, Motihari, by fax. (I. A. Ansari, J.) Mkr./- U T