Basuki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23625 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- JHAJHA District- Jamui ====================================================== 1.

Basuki Yadav Son of Jageshwar yadav Resident of Village - Shair, P.S.- Jhajha, Distt.- Jamui.

2.

Manisha Kumari @ Monisha Kumari Wife of Ravi Kumar Mandal Resident of Village - Shair, P.S.- Jhajha, Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Raj, Advocate Mr. Rabindra Kumar, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Jhajha P.S. Case No.6 of 2019, registered for the offence punishable under Section 409 and 420 of the Indian Penal Code.

The petitioner no.1 is a Ward Member and petitioner no.2 is a Ward Secretary and they have assigned duty to execute the 'Nal Jal Yojna'. As per allegation, the petitioners have not completed the work, but learned counsel for the petitioners submits that they have completed their work with full dedication and it has been inaugurated by the Mukhia of the concerned Panchayat in presence of the petitioners.

Patna High Court CR. MISC. No.23625 of 2019(2) dt.12-04-2019 2/2 Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on provisional anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No.6 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This Court directs the court below to get a report from the Circle Officer of the concerned area as to whether the aforesaid work has been completed or not. If, it is found that the petitioners have completed the said work, in that circumstances, their provisional bail will be confirmed. If, it is found that they have not completed the said work, in that circumstances, their bail bond will be treated to have been cancelled. (Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- U T