Harendra Prasad Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 52575 of 2015 Arising Out of PS.Case No. -118 Year- 2015 Thana -RAJPUR District- BUXAR ====================================================== Harendra Prasad Ram son of Late Shiv Maun Prasad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Ramchandra Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-12-2015 Heard the learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Rajpur P.S. Case No. 118 of 2015 registered for offences punishable under Sections 419,420,409,201,120B/34 of the Indian Penal Code.
The prosecution case is that on the written report of Block Nazir Rajiv Kumar vide his letter no. 1308 dated 02.07.2015, stated that on the direction of the D.M, Buxar the instant case against the accused persons has been lodged alleging that they have committed gross negligence in government work. It has been submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in the present case. The petitioner was simply a driver and on the order of the B.D.O concerned filled up the log book received coupon
Patna High Court Cr.Misc. No.52575 of 2015 (2) dt.02-12-2015 2/2 and submitted to the officer concerned which was later submitted to the authority after recovering from the Patna residence of the then B.D.O and as such offence under section 419, 420 are not attracted against him and the petitioner has clean antecedent which finds place at paragraph 3 of the petition. Further more, it is only on the dictates of the higher authority that such vague and nonspecific allegations have been made. It has also been submitted that on similar allegations and on the basis of the same first information report another co-accused has been granted the privilege of bail in Cr. Misc. No. 40274 of 2015 at 7.10.2015. I do not propose to take a different view on similar allegations.
In such circumstances, let the petitioner, namely, Harendra Prasad Ram in the event of his arrest / surrender within a period of six weeks from today before the Court below, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 118 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Nilu Agrawal, J) Prakash/- U T