Nand Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19386 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Nand Bihari Singh, Son of Ram Bhajan Yadav, Resident of village- Diwan Ke Badka Gaon, Yadav Dera, P.S. Sikraul, District Buxar, Bihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Industrial Area P.S.Case No. 117/2015, disclosing offences under sections 406, 420, 120B and 34 of the Indian Penal Code. It is alleged in the First Information Report that the accused persons induced, the informant and others aspiring for job in Army, to deliver them money for the purpose of securing the job. They are said to have collected a sum of Rs.12 lacs initially and subsequently, they again collected a sum of Rs.10,69,000/-. Learned counsel, appearing on behalf of the petitioner, has submitted that there is no allegation against this petitioner of receiving the money from any other aspirants for job. The only allegation against the petitioner is that he was also present with the

Patna High Court Cr.Misc. No.19386 of 2016 (2) dt.19-05-2016 accused persons on 13.11.2013, when the co-accused Pankaj Singh had introduced his brother to be a colonel in Army. I find substance in the submission made on behalf of the petitioner that there is nothing specific against the present petitioner. This application is, accordingly, allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released 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, Buxar in Industrial Area P.S.Case No. 117/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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) Surendra/- U