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Patna High CourtCR. MISC./42130/2017bail granted

Sumant Kumar Mishra v. State Of Bihar And ANR

2017-10-04Mr. Justice Ashwani Kumar Singh6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38863 of 2017 Ranjan Kumar Gupta Son of Ganga Sao, R/o Village- Karn Kudariya, P.S.- Mashrakh, District- Saran at Chapra, presently posted as Assistant Teacher, primary School, Karn Kudariya Uttar Tola, P.S.- Mashrakh, District- Saran at Chapra.

The State of Bihar .

Criminal Miscellaneous No. 44243 of 2017 Suresh Kumar Yadav, Son of Shree Dularchand Prasad Yadav, Resident of village- Jagatpur Choumukha, Post- Jagatpur, Police Station- Basantpur, District- Siwan.

Janardhan Yadav, son of Ramasray Yadav, Resident of VillageMusepur, Post- Gopalpur, Police Station- Basantur, DistrictSiwan. 3.

Seema Kumari, D/o Dewanand Pandey, resident of VillageHansapir, Post + Police Station- Mashrak, District- Saran at Chapra.

Additional Director General Vigilance Investigation Bureau, Patna. Criminal Miscellaneous No. 38878 of 2017 Chandra Bhushan Kumar Singh, Son of Dilip Singh, Resident of VillageKarn Kudariya, P.S.- Mashrakh, District- Saran at Chapra, presently posted as Assistant Teacher, Primary School, Harpur Jan, West Tola, P.S.- Mashrakh, District- Saran at Chapra.

Criminal Miscellaneous No. 41485 of 2017

2/6 Anil Kumar Yadav Son of Ramayan Rai resident of Village - Dubauli, P.S. - Panapur, District - Saran at Chapra presently posted as Assistant Teacher, Primary School, Karn Kudariya Uttar Tola, P.S. - Mashrakh, District - Saran at Chapra.

Criminal Miscellaneous No. 42130 of 2017 Sumant Kumar Mishra son of Gautam Mishra, Resident of VillageHarpurjan, P.S.- Mashrakh, District- Saran at Chapra, presently posted as Assistant Teacher, New Primary School, Karn Kudariya, West Tola, P.S.- Mashrakh, District- Saran at Chapra.

Criminal Miscellaneous No. 45583 of 2017 Uday Bahadur, Son of Satya Narayan Rai, Resident of Village-Dubauli, P.s.- Panapur, District-Saran at Chapra, Presently Posted as Assistant Teacher, Primary School, Harpur jan Purab, P.S.-Mashrakh, District-Saran at Chapra. The State of Bihar The Superintendent of Police Vigilance, North Bihar, Muzaffarpur. Criminal Miscellaneous No. 42160 of 2017 Nagendra Prasad Son of Raghuvir Prasad, R/o Village- Sahaoipatti, P.S.- Basantpur, District- Siwan, presently posted as Assistant Teacher, Primary School, Sunder, P.S.- Mashrakh, District- Saran at Chapra. The State of Bihar .

3/6 The Suprintedent of Police , Vigilance, North Bihar, Muzaffarpur. Criminal Miscellaneous No. 45586 of 2017 Renu Kumari, Wife of Amrendra Kumar Mishra, Resident of VillageHarpurjan, P.S.-Mashrakh, District-Saran at Chapra, Presently Posted as Assistant teacher, New Primary School, Harpur Jan Mishra Tola, P.S.- Mashrakh, District-Saran at Chapra.

State of Bihar The Superintending of Police, Vigilance, North Bihar, Muzaffarpur. Criminal Miscellaneous No. 41471 of 2017 Aftab Alam Son of Mustafa Ansari resident of Village - Magahi, P.S. - Gopalpur, District - Siwan, presently posted as Assistant Teacher, Primary School, Harpur Jan Purab, P.S. - Mashrakh, District - Saran at Chapra. Appearance :

(In Criminal Miscellaneous No. 38863 of 2017) For the Petitioner/s :

Mr. Bindhyachal Singh Mr. Ram Binod Singh For the State :

Mr. Aditya Narayan Singh 1 For the Vigilance :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Amresh Kumar, Adv.

(In Criminal Miscellaneous No. 44243 of 2017) For the Petitioner/s :

Mr. Jitendra Kumar Roy Mr. Rajesh Kumar For the State :

Mr. Satya Nand Shukla For the Vigilance :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Amresh Kumar, Adv.

(In Criminal Miscellaneous No. 38878 of 2017) For the Petitioner/s :

Mr. Bindhyachal Singh Mr. Ram Binod Singh For the State :

Mr. Aditya Narayan Singh 1 For the Vigilance :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Amresh Kumar, Adv.

(In Criminal Miscellaneous No. 41485 of 2017) For the Petitioner/s :

Mr. Bindhyachal Singh Mr. Ram Binod Singh For the State :

Mr. Madan Kumar

4/6 For the Vigilance :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Amresh Kumar, Adv.

(In Criminal Miscellaneous No. 42130 of 2017) For the Petitioner/s :

Mr. Ram Binod Singh For the State :

Mr. Binod Kumar 3 For the Vigilance :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Amresh Kumar, Adv.

(In Criminal Miscellaneous No. 45583 of 2017) For the Petitioner/s :

Mr. Bindhyachal Singh Mr. Ram Binod Singh For the State :

Mr. Aditya Narayan Singh 1 For the Vigilance :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Amresh Kumar, Adv.

(In Criminal Miscellaneous No. 42160 of 2017) For the Petitioner/s :

Mr. Bindhyachal Singh Mr. Ram Binod Singh For the State :

Mr. Satyavarat Verma For the Vigilance :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Amresh Kumar, Adv.

(In Criminal Miscellaneous No. 45586 of 2017) For the Petitioner/s :

Mr. Bindhyachal Singh Mr. Ram Binod Singh For the State :

Mr. Brajendra Nath Pandey For the Vigilance :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Amresh Kumar, Adv.

(In Criminal Miscellaneous No. 41471 of 2017) For the Petitioner/s :

Mr. Bindhyachal Singh Mr. Ram Binod Singh For the State :

Mr. Arun Kumar Pandey For the Vigilance :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Amresh Kumar, Adv.

CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-10-2017 Heard learned Counsel for the petitioners, learned Senior Counsel appearing on behalf of the Vigilance and learned Additional Public Prosecutor for the State.

These applications, for grant of anticipatory bail, arise out of Mashrakh Police Station Case No. 67 of 2017 (Special Case No. 13 of 2017), disclosing offences under Sections 419, 420, 409, 467, 468, 471, 201 and 120B of the Indian Penal Code and Section 13 (1) (d) of the Prevention of Corruption Act, 1988.

5/6 Learned Counsel for the petitioners has drawn my attention to the order, dated 21.09.2017, passed in Criminal Misc. No. 43031 of 2017, whereby similarly situated co-accused has been granted privilege of anticipatory bail.

Considering the above submission, these applications are allowed.

Let the petitioners, Ranjan Kumar Gupta, Suresh Kumar Yadav, Janardhan Yadav, Seema Kumari, Chandra Bhushan Kumar Singh, Anil Kumar Yadav, Sumant Kumar Mishra, Uday Bahadur, Nagendra Prasad, Renu Kumari and Aftab Alam, in the event of their arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Mashrakh Police Station Case No. 67 of 2017 (Special Case No. 13 of 2017), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail

6/6 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √