Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32379 of 2015 Arising Out of PS.Case No. -299 Year- 2014 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Sanjiv Kumar, S/o Sri Jalim Baitha, a resident of Village - Baijnathpur, P.S - Vaishali, District - Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Ajit Kumar (A.P.P.) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Vaishali P.S. Case No. 299 of 2014, disclosing offences under Sections 406 and 420 of the Indian Penal Code. The petitioner was, at the relevant point of time, Mukhiya of Amritpur Gram Panchayat under Vaishali district. The only allegation against him is that Solar lights, purchased for the said Gram Panchayat, were not purchased from the authorized agency. Learned counsel appearing on behalf of

Patna High Court Cr.Misc. No.32379 of 2015 (2) dt.13-08-2015 2/2 the petitioner has submitted that no offence under Sections 406 or 420 of the Indian Penal Code is made out, on the basis of allegation as contained in the First Information Report. In the facts and circumstances of the case, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 299 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. 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 liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T