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Patna High CourtCR. MISC./48181/2017allowed

Arun Kumar Tarun v. The State Of Bihar

2017-11-15Mr. Justice Arvind Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47871 of 2017 Arising Out of PS.Case No. -104 Year- 2017 Thana -ARIYARI District- SEKHPURA ======================================================

1. Rajesh Kumar Son of Kishori Sharan Singh resident of Village- Garh Par Nadriganj Road, Police Station- Nawada, District- Nawada at present Panchayat Takniki Shahayak Ariyari Block District Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.48181 of 2017 Arising Out of PS.Case No. -104 Year- 2017 Thana -ARIYARI District- SEKHPURA ======================================================

1. Arun Kumar Tarun Son of Sachchidanand , R/o Village- Bhikhanpur, P.S.- Rupau, District- Nawada at present Junior Engineer Ariyari Block, District- Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.43740 of 2017 Arising Out of PS.Case No. -104 Year- 2017 Thana -ARIYARI District- SEKHPURA ======================================================

1. Alok Kumar, Son of Late Kapildeo Prasad, Resident of Village+P.O.- Hussainabad, P.S.- Ariyari, District- Sheikhpura and at present Mukhiya, Gram Panchayat Hussainabad, P.S.- Ariyari, District- Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

(In Cr.Misc. No.47871 of 2017) For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.

: Mrs. Babita Kumari, Adv.

For the Opposite Party/s : Mr. Sri Bharat Bhushan, A.P.P.

(In Cr.Misc. No.48181 of 2017) For the Petitioner/s : Mr. Bipin Kumar, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh, A.P.P.

(In Cr.Misc. No.43740 of 2017) For the Petitioner/s : Mr. Biresh Kumar Sinha For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ariyari Police Station Case No. 104 of 2017, disclosing offences under Sections 406, 409, 420, 467, 468, 471/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the case relates to irregularities committed by the various personnels who were engaged under Manrega Scheme and the instant F.I.R. has been lodged after lapse of ten years from the date of occurrence. Learned counsel for the petitioners further submitted that several co-accused persons having more or less similar allegations have already been granted anticipatory bail by this Court and different Benches of this Court in Cr. Misc. No. 38912 of 2017 along with Cr. Misc. No. 46418 of 2017 and Cr. Misc. No. 47323 of 2017. The case of the petitioners stands on similar footing to those who have already been granted anticipatory bail. Hence, the

petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sheikhpura, in connection with Ariyari Police Station Case No. 104 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T