Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18279 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== RAMESH KUMAR aged about 34 years Male, Son of Kedar Prasad Resident of Village- Gopalganj Ward No. 21,P.S.- Gopaganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Barauli P.S. Case No. 11 of 2019 registered under Sections 467, 468, 471, 420, 409/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that as per prosecution version that under the orders of the District Magistrate, Gopalganj the informant submitted report for institution of a case against the Panchayat Secretary and Mukhiya of Gram Panchayat Bagheji for committing misappropriation of funds for installation of 20 handpumps in the Panchayat. Learned counsel submits that petitioner is a dealer in hardware goods. Petitioner supplied the

Patna High Court CR. MISC. No.18279 of 2019(2) dt.04-04-2019 2/3 materials for installation of handpumps. The petitioner has no concern with the installation work and in fact he had no role to play in the decision taken by the Mukhiya and the Panchayat Sachiv. It is submitted that petitioner has no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case whereunder it is the submission of learned counsel for the petitioner that this petitioner is a dealer in the hardware commodities and had only supplied the pipes as per order placed to him and in fact he had no role to play in the decision taken by the Mukhiya and the Panchayat Sachiv with respect to installation of 20 handpumps as also that the Panchayat Sachiv has already been granted privilege of anticipatory bail by learned coordinate Bench of this court in Cr. Misc. No. 10563/2019, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to

Patna High Court CR. MISC. No.18279 of 2019(2) dt.04-04-2019 3/3 the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Barauli P.S. Case No. 11 of 2019, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T