Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40085 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -SHANKARPUR District- MADHEPURA ======================================================

1. Rupesh Kumar Son of Ram Chandra Yadav Resident of Village - Sukhasan, Ward No. 10, Block and Police Station - Gwalpara, District - Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Kumar, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Shankarpur P.S. Case No. 60 of 2017 instituted for the offence under Sections 147, 341,342,323,353,406,409,420,504,506 of the IPC. It is alleged in the written report that petitioner being the sub-contractor of the Electricity Department was allotted to complete work of electrification in village and during aforesaid work this petitioner along with other accused realized money from different consumers for fixing the Metre.

Learned counsel for the petitioner has submitted that mere general and vague allegation has been made against this petitioner. There is no allegation by any private consumer of demanding illegal money by the petitioner.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.40085 of 2017 (4) dt.09-01-2018 2/2 allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Shankarpur P.S. Case No. 60 of 2017 to the satisfaction of learned C.J.M., Madhepura subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.