Patna High CourtCR. MISC./50033/2016disposal with observation

Rajendra Prasad Mahto v. State Of Bihar And ANR

2016-12-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50033 of 2016 Arising Out of PS.Case No. -48 Year- 2015 Thana -C.B.I CASE District- PATNA ====================================================== Rajendra Prasad Mahto Son of Late Ram Gulam Mahto Resident of Village-Mahnar (Infront of Amardeep Talkies), P.O. and P.S.-Mahnar, District-Vaishali (Bihar) Pin-844506 .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Vigilance Department Government of Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Patel For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-12-2016 Sri Subhash Patel, learned counsel for the petitioner, in presence of learned Additional Public Prosecutor submits that petitioner being Chief Engineer has only been alleged that he has not supervised the matter properly. He submits that petitioner is a government servant who retired long back in the year 2013 and present F.I.R. was lodged in the year 2015 and he was made accused. However , after noticing the fact that this court was not inclined to extend the privilege of anticipatory bail, learned

Patna High Court Cr.Misc. No.50033 of 2016 (4) dt.19-12-2016 2/2 counsel for the petitioner makes a prayer for disposal of the present petition so that , petitioner may appear before the court below and makes a prayer for regular bail.

The prayer is allowed.

The anticipatory bail petition stands disposed of with observation that if within a period of six weeks from today petitioner appears before the court below and makes a prayer for regular bail, the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law preferably on the same day. It is made clear that this court has not at all recorded any opinion on the merit of the case.

(Rakesh Kumar, J) Praful/- U T