Dharmraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20698 of 2019 Arising Out of PS. Case No.-162 Year-2017 Thana- CHAUTHAM District- Khagaria ====================================================== DHARMRAJ KUMAR, aged about 2 years, Male, S/o Sri Parmeshwa Prasad, R/o Mohalla- Government Hospital, Gangachak Malikana, P.S.- Masaurhi, District- Patna ... Petitioner
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shree Kant Pandey, Adv.
For the Opposite Party :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Chautham P.S. Case No. 162 of 2017 for the offences alleged under Sections 420, 406, 409 and 34 of the Indian Penal Code. The learned counsel appearing for the petitioner submits that the petitioner is not named in the first information report, co-accused, Anil Kumar Singh, who is the Chairman of PACS, disclosed the name of the petitioner in course of investigation to the effect that this petitioner being the Manager of the Cooperative Bank, Khagaria, did not prepare the Kisan Credit Card regarding which separate case being Chautham P.S. Case No. 165 of 2017 instituted in which the petitioner has already been granted pre-arrest bail vide Cr. Misc. No. 33386 of 2018 on 31.10.2018. Further submission is that Anil Kumar
Patna High Court CR. MISC. No.20698 of 2019(4) dt.01-08-2019 2/2 Singh and Sarvesh Kumar Singh have already been allowed the privilege of pre-arrest bail vide Cr. Misc. No. 31496 of 2018 on 06.10.2018 and Cr. Misc. No. 7734 of 2018 on 16.02.2018 respectively.
Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.
Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Chautham P.S. Case No. 162 of 2017 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Khagaria, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T