Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76748 of 2018 Arising Out of PS. Case No.-502 Year-2018 Thana- ARARIA District- Araria ====================================================== Mukesh Kumar Singh, Son of Ramji Prasad Singh, Resident of VillageJagatpur, Police Station- Telmar, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Soni Shrivastava For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Araria P. S. case no. 502/2018 registered under sections 406, 409 and 420/34 of the IPC.

Petitioner was assistant engineer and he has been charged with allegation that percentage of cement was found less as per prescribed norms and did not deduct the settlement of soil.

Learned counsel for the petitioner drew my attention towards annexure 2 at page 116 as well as annexure 4 at page 120 and submitted that the then executive engineer measured and inspected the work done under the supervision of the petitioner and no illegality was found and accordingly, he

Patna High Court Cr.Misc. No.76748 of 2018(2) dt.21-12-2018 2/2 prepared measurement report on 23.2.2012 and similarly, measurement of the work of the petitioner was done and the above stated accusation was found untrue. It is further pointed out on behalf of the petitioner that the present case has been lodged on the basis of measurement and inspection done in the year 2018 whereas work was completed in the year 2011. It is also informed that co-accused Mahendra Chaudhary @ Mahendra Yadav, having more or less similar allegation, has already been granted privilege of anticipatory bail by a coordinate bench of this court vide order dated 19.12.2018 passed in Cr. Misc. no. 73013/2018.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Araria P. S. case no. 502/2018 subject to condition as laid down under section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) s.hassan/- U T