Rajesh Kumar @ Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9489 of 2020 Arising Out of PS. Case No.-337 Year-2017 Thana- NAWADA District- Nawada ====================================================== RAJESH KUMAR @ RATNESH KUMAR Son of Rajendra Prasad Resident of Village - Gadhupur, P.S.- Silao, District - Nalanda. Driver of Vehicle Registration Number - BR 21GA4498 .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Vardhan Narayan For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-03-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nawada Town Police Station Case No. 337 of 2017, disclosing offences under Sections 420/120B/34 of the Indian Penal Code and Section 156 of the R.P. Act. The allegation against the petitioner is that the petitioner had taken a sum of Rs. 1600/- and 10 litres of diesel for the vehicle, bearing registration no. BR21GA-4498, which was requisitioned by the district authorities for the purpose of panchayat election. It has further been alleged that the petitioner, being the driver of the vehicle in question, after receipt of the advance money and diesel, did not ply the vehicle in the panchayat election, which affected the election process. Learned Counsel for the petitioner submits that the petitioner has not committed the offence in the manner alleged

Patna High Court CR. MISC. No.9489 of 2020(2) dt.04-03-2020 2/2 and he has falsely been implicated in the present case. He, referring to Annexure-2, submits that similarly situated coaccused person, Sunny Kumar, has been granted anticipatory bail by this Court by order, dated 27.06.2019, passed in Criminal Misc. No. 39415 of 2019.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that similarly situated co-accused person has been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Town Police Station Case No. 337 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √