Amresh Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.22218 of 2015 (2) dt.11-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22218 of 2015 Arising Out of PS.Case No. -299 Year- 2013 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Amresh Kumar S/o Arjun Choudhary Resident of village - Desri, P.S. - Desri, District - Vaishali.

2. Bikrant Kumar @ Bikrant Singh S/o Ram Ishwar Singh Resident of Gazipur, P.O. - Uphraul, P.S. - Jandaha, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-08-2015 Learned counsel for the petitioners at the outset submits that petitioner no. 1 has been arrested during the pendency of the application, as such seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 1.

Liberty is accorded.

The application as against petitioner no. 1 is dismissed as withdrawn.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner No. 2 apprehends his arrest in connection with Desari (Chandpura O.P.) P.S. Case No. 299 of 2013 registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

Patna High Court Cr.Misc. No.22218 of 2015 (2) dt.11-08-2015 Learned counsel for the petitioner submits that so far as petitioner no. 2 is concerned, he is Panchayat Rozgar Sewak at the relevant time and as per the report itself, it is clear that work was executed but at certain point of time work was not up to the mark. It is further submitted that in relation to the same FIR, one co-accused namely, Gautam Kumar, against whom there is similar allegation has extended the privilege of anticipatory bail vide order dated 30.01.2015 passed in Cr. Misc. No. 3912 of 2015.

Considering the aforesaid submissions, let the petitioner no. 2, namely, Bikrant Kumar @ Bikrant Singh, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Desari (Chandpura O.P.) P.S. Case No. 299 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T