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Patna High CourtCR. MISC./33443/2016bail granted

Shushil Kumar Bharti v. The State Of Bihar

2016-08-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33443 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Shushil Kumar Bharti, S/o Ram Varan Singh, Residence of village+P.O. Bharatpur, P.S. Baligaon, District- Vaishali at Hajipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 409 and 34 of the I.P.C.

On behalf of the petitioner it is submitted that in Manrega Plantation Scheme of 2009-2010 for which enquiry was made in the year 2013-2014 irregularities have been found as plants as shown in the plantation scheme were not found in that number rather were less in number which is natural one. From the enquiry report it reveals that some of the plants were damaged naturally and some were damaged by animals and children. Certificate case is also going on for the same, one of the co-

Patna High Court Cr.Misc. No.33443 of 2016 (2) dt.20-08-2016 2/2 accused Ravindra Kumar, Panchayat Rojgar Sevak, has already been allowed pre-arrest bail, under which period plantation work was done, vide Cr. Misc. No. 33023 of 2016 by another coordinate Bench of this Court and the case of the petitioner is on better footing.

The learned A.P.P. submits that this is a case of embezzlement of more than nine lakhs but fairly submits that the co-accused under which period plantation work was done, has already been allowed pre-arrest bail.

In the facts and circumstances as stated above, the petitioner in case of his arrest or surrender within one month from the date of receipt/production of a copy of this order shall 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. C.J.M. Vaishali at Hajipur in Mahua P.S. Case No. 84 of 2016, subject to the conditions as laid down in section 438

(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T