Sharwan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16338 of 2016 Arising Out of PS.Case No. -19 Year- 2015 Thana -KIHIRI MORE District- PATNA ====================================================== Sharwan Kumar, son of Late Gopi Nath Pandey, resident of village- Tekari, P.S.- Gaya, District- Gaya, At present resident of Diwan Mohalla, P.S.- Patna City, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Paradeep Kr. Gupta, District Branch Manager Bihar State Food Corporation, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Singh, Advocate With Mr. Bipin Kumar, Advocate For the BSFC : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. P.N.Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Khiri More P.S. Case No. 19 of 2015, disclosing offences under Sections 406, 409, 420, 465, 467, 468, and 477A/34of the Indian Penal Code.

It appears that the petitioner has been made accused in four cases with identical allegations, against him for his conduct, during the period when he was posted as Circle Officer at Paliganj-cum- Incharge Procurement Centre.

Learned counsel for the petitioner appears to be right in his submission that in three, out of four cases, the petitioner has been granted anticipatory bail by this Court. There is no dispute

Patna High Court Cr.Misc. No.16338 of 2016 (5) dt.14-09-2016 2/2 about the fact that the nature of allegation against the petitioner in all the cases is identical. Learned counsel for the petitioner has submitted that till date no departmental action has been initiated against the petitioner.

Considering the submissions as above, 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Danapur in connection with Khiri More P.S. Case No. 19 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T