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Patna High CourtCR. MISC./18123/2018bail granted

Kalpana Kumari And ANR v. State Of Bihar And ANR

2018-04-05Mr. Justice Ashwani Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18123 of 2018 Arising Out of PS.Case No. -57 Year- 2017 Thana -ARWAL District- JEHANABAD ======================================================

1. Kalpana Kumari D/o Tarkeshwar Prasad Resident of Village - Pilsi, P.S. - Daud Nagar, District - Aurangabad. Panchayat Teacher, Primary School, Saidpur, Village - Panchayat - Rampur, P.S. and District - Arwal.

2. Sanjay Kumar Singh Son of Deo Narayan Singh Resident of Village - Sukhi Bigha, P.S. Rampur Chauram, District - Arwal, Panchayat Teacher Primary School, Mulchand Bigha, Village Panchayat Pakharpur, P.S. and District Arwal.

.... .... Petitioners

Versus

1. The State of Bihar.

2. The Vigilance Bureau, Bihar, Patna.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar Singh, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the Vigilance.

The petitioners seek pre-arrest bail in connection with Arwal P. S. Case No. 57 of 2017 registered under Sections 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.18123 of 2018 (2) dt.05-04-2018 2/3 petitioners that accused Priyanka Kumari having more or less identical allegation to that of the petitioners has already been granted pre-arrest bail by a co-ordinate Bench of this Court vide order dated 13.03.2018 passed in Cr. Misc. No. 30124 of 2017. It is further submitted that a large number of criminal cases have been instituted which are of identical nature and several accused persons, in similar cases, have already been granted pre-arrest bail.

Learned Additional Public Prosecutor for the State and learned counsel for the Vigilance opposed the prayer for grant of pre-arrest bail to the petitioners. However, they admitted that co-accused Priyanka Kumari has already been granted pre-arrest bail and similar other accused persons have also been granted pre-arrest bail by different Benches of this Court.

Regard being had to the submissions made on behalf of the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in Arwal P. S. Case No. 57 of

Patna High Court Cr.Misc. No.18123 of 2018 (2) dt.05-04-2018 3/3 2017, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T