Baban Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49857 of 2014 Arising Out of PS.Case No. -209 Year- 2014 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Smt. Rina Devi wife of Bhuwan Paswan Resident of village - Behra, P.S. Ara (Muffasil), District - Bhojpur, Ara.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.7440 of 2015 Arising Out of PS.Case No. -209 Year- 2014 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Baban Prasad Son of Puli Prasad resident of village - Harnath Kundi, P.S. Udawantnagar, Dist. Bhojpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.12580 of 2015 Arising Out of PS.Case No. -209 Year- 2014 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Sunil Sharma S/o Sukhdeo Sharma, resident of village + P.O. Karari (Kedari), P.S. Ara Mufassil, District- Bhojpur, Mukhia Gram Panchayat at Karari, Bhojpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.49857 of 2014) For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Manoj Kumar 1 (App) (In Cr.Misc. No.7440 of 2015) For the Petitioner/s : Mr. Rama Kant Singh For the Opposite Party/s : Mr. Satyavrat Verma (App) (In Cr.Misc. No.12580 of 2015) For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar Singh-1(App)
Patna High Court Cr.Misc. No.49857 of 2014 (2) dt.09-04-2015 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioners in all the above mentioned Criminal Miscellaneous applications as well as learned counsel for the State.
All the above mentioned Criminal Miscellaneous Applications arise out of the same police station case and as such all have been heard together and are being disposed of by passing this common order.
In these applications for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 406, 409 and 420/34 of the I.P.C. It is alleged that solar lights were purchased by the petitioners and others at the higher price than the price fixed by BREDA .
On behalf of the petitioners it has been submitted that the petitioner Smt. Rina Devi was the Mukhiya. Petitioner Baban Prasad is the Panchayat Sevak and petitioner Sunil Sharma was the Mukhiya and the solar lights were purchased from different company after following the due process of advertisement and inviting tenders and no misappropriation has been done. It is also submitted that Jai Ram Thakur and Indrajit Singh has been
Patna High Court Cr.Misc. No.49857 of 2014 (2) dt.09-04-2015 3/3 allowed pre-arrest bail vide Cr. Misc. No. 51904 of 2014 by order dated 05.01.2015 by another Bench of this Court, to which the learned A.P.P. does not dispute.
In the facts and circumstances as stated above, the petitioners, named above, are also directed that in the event of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Ara, Bhojpur or Sri Ashok Kumar Manjhi, J.M. 1st Class, Arrah in Ara (Moffasil) Dhobha P.S. Case No. 209 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T