Sarwan Kumar @ Sharvan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.39472 of 2017 (4) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39472 of 2017 Arising Out of PS.Case No. -118 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. Sarwan Kumar @ Sharvan Kumar Son of Ram Bahadur Prasad Resident of Village- Jaganpura, Phulwarisharif, P.S. Phulwarisharif, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sri Umanath Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Gandhi Maidan Police Station Case No. 118 of 2016, disclosing offences under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, altogether 15 persons have been made accused in this case alleging that they have defalcated an amount of Rs. 15 lakhs and odd of pre-matric scholarship but the petitioner has never requisitioned for transfer of the scholarship amount in his account rather the he has been

Patna High Court Cr.Misc. No.39472 of 2017 (4) dt.18-10-2017 made a victim in this case on latches committed by the concerned officials. Moreover, several accused persons have been granted anticipatory bail by different Benches of this Court in Cr. Misc. Nos. 27740 of 2017, 27965 of 2017, 32362 of 2016a and 26558 of 2016. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna, in connection with Gandhi Maidan Police Station Case No. 118 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T