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Patna High CourtCR. MISC./11863/2019bail granted

Neel Kamal Bharti v. The State Of Bihar

2019-03-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11863 of 2019 Arising Out of PS. Case No.-131 Year-2018 Thana- ROH District- Nawada ====================================================== Neel Kamal Bharti S/o Late Vijay Shankar Prasad Resident of at and P.OAsthua, P.S.- Singhwara, District- Darbhanga At present Posted As Assistant , PHC Rajauli, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhu Prasun For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-03-2019 This is an application for grant of anticipatory bail in connection with Roh P.S. Case No. 131 of 2018, disclosing offences under Sections 341, 467, 468, 406, 471, 472, 420, 120(B), 167, 168, 34 of the Indian Penal Code. Allegation as per F.I.R. is that the informant, who is a R.T.I activist and he has made allegation against the petitioner and co-accused persons Dr. Ashok Prasad and Dr. Deepak Kumar is that by playing fraud, they have embezzled the Government money.

Submission of learned counsel for the petitioner is that the F.I.R. itself shows that the main allegation is against other co-accused persons Dr. Ashok Prasad and Dr. Deepak Kumar and the petitioner has been made accused in this case

Patna High Court CR. MISC. No.11863 of 2019(3) dt.05-03-2019 2/2 only because, he is a clerk and no specific allegation has been attributed against him Earlier also, he has lodged a complaint case, which was dismissed, which will appear from Annexure-2. Further, he ha no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Roh P.S. Case No. 131 of 2018 , subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T