Shri Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51330 of 2016 Arising Out of PS.Case No. -196 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Shri Birendra Kumar Son of Shri Bihari Mandal the then Executive Officer, Nagar Parishad Dehri Dalmia Nagar, Presently Posted in Commissioner's Office Muzaffarpur and a permanent resident of Mohalla- Haridayaganj, P.O. Katihar, Court, P.S. and District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prashant Sinha, Advocate For the Opposite Party/s : Mr. Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Dehri (Town) P.S. Case No. 196 of 2016 registered under Sections 420,409 and 471 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The fact is that the powerful committee of the Nagar Parishad approved the purchase of LED street light on 22.09.2014 vide Annexure 2 to the bail application. The FIR itself shows that on the complaint of one Sunil Kumar, that notice inviting tender for purchase of LED streetlight was not sent to the Information and

Patna High Court Cr.Misc. No.51330 of 2016 (7) dt.07-04-2017 2/2 Public Relations Department and without doing so the NIT was notified the same in the news paper, the inquiry was initiated. Annexure 5 of the supplementary affidavit makes it clear that some human error has crept-in while feeding inputs on the net in which the petitioner had no role to play.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within period of six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sasaram (Rohtas) in connection with Dehri (T) P.S. Case No. 196 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) Prakash/- U T