Shankar Prajapat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19710 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== Shankar Prajapat (aged about 48 years, Gender-Male), Son of Bhuneshwar Prajapat, Resident of Village - Parsawan, P.S.- Imamganj, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code registered in connection with Imamganj P.S. Case No. 07 of 2019.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the Pramukh of Panchayat Samitti of Imamganj Block and as such the Chairman of the Selection Committee. No specific accusation has been made against the petitioner. Similarly situated accused persons, namely, Surendra Kumar, Sarvesh Paswan and Sanjay Kumar Rajak were granted anticipatory bail by this Court vide order dated 14.03.2019 passed in Cr. Misc. No. 15930 of 2019. The petitioner has been made accused in one prior case which has been instituted for the same occurrence.

4. Learned APP for the State opposes the anticipatory bail petition.

5. Be that as it may, in the event of the petitioner's arrest

Patna High Court CR. MISC. No.19710 of 2019(2) dt.03-04-2019 2/2 or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya in connection with Imamganj P.S. Case No. 07 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/- (Vikash Jain, J) U T