Patna High CourtCR. MISC./39731/2017bail granted

M/S. Trimurti Enterprises Proprietor Sri Subhash Pandey v. State Of Bihar And ANR

2017-10-18Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39731 of 2017 Arising Out of P.S.Case No. -218 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== M/s. Trimurti Enterprises Proprietor Sri Subhash Pandey S/o late Vishwanath Pandey Resident of Village- Pachlakhi, P.S. Nautan, DistrictSiwan. .... .... Petitioners

Versus

1. The State of Bihar

2. The Bihar State Electricity Board, Patna through its Chairman. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Yogesh Chandra Verma, Sr.Advocate : Mr. Ajay Kumar Pandey, Advocate For the O.P.No.2 : Mr. Vinay Kirti Singh, Advocate For the Opposite Parties : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-10-2017 Heard.

2. Petitioner apprehends arrest in connection with Govindganj P.S.Case No.218 of 2015 registered for an offence under Sections 406, 409 and 420 of the IPC.

3. It has been submitted that the petitioner has already completed the works as per contract. There has been some delay in performing the work but now the work has been completed. The said fact stands mentioned in the order of learned Sessions Judge and so the petitioner deserves anticipatory bail.

4. The learned counsel for the Opposite Party No.2 has opposed the submission.

Patna High Court Cr.Misc. No.39731 of 2017 (3) dt.18-10-2017 2/2

5. On perusal of impugned order passed in ABP No.0033 of 2017, it appears that the petitioner has performed the work after institution of the FIR. Petitioner further denies the allegation of any misappropriation.

6. Considering the nature of allegation facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks from today on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-I, East Champaran, Motihari in connection with Govindganj P.S.Case No.218 of 2015 subject to the condition as laid down under Section 428(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T