Chitranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66336 of 2018 Arising Out of PS. Case No.-367 Year-2017 Thana- ARARIA District- Araria ====================================================== Chitranjan Kumar, S/o Rajendra Prasad Bhagat, Resident of Village Basantpur, Bhagat Tola, Ward no. 6, P.S.- Birpur, District Supaul. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Anil Prasad Singh, Advocate For the Opposite Party :

Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 467, 468, 406, 420, 120(B) of the Indian Penal Code registered in connection with Araria P.S. Case No. 367 of 2017.

3. It is submitted that the petitioner has been falsely implicated as he is not named in the first information report. The thrust of accusation is against FIR named accused Rani Kumari who is alleged to have withdrawn the amount more than the subsidy granted under the State Agricultural Scheme for the financial year 2016-17 without supplying agricultural machinery to the farmers. The said Rani Kumari has been granted anticipatory bail by this Court on 23.08.2017 vide Cr. Misc. No. 34941 of 2017. So also, other coordinators, namely, Kumar Chandan @ Kumar Chandan, Shekhar Kumar Sah @ Sekhar Kumar and Vishal Anand, similarly situated as that of the petitioners, have been granted anticipatory bail by this Court on 13.12.2018 vide Cr. Misc. No. 65638 of 2018. The petitioner claims clean antecedents.

Patna High Court Cr.Misc. No.66336 of 2018(2) dt.03-01-2019 2/2

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest 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 Chief Judicial Magisrate, Araria, in connection with Araria P.S. Case No. 367 of 2017, subject to the conditions as laid down under Section 438 (2) 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.

(Vikash Jain, J) BT/Chandran U T