Sanjay Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54621 of 2016 Arising Out of PS.Case No. -4 Year- 2015 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sanjay Das, Son of Late Kedar Das, Resident of Village- Bhelahi, P.S.- Palanwa, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Madhukar Bammali, S/o Uma Shankar Singh Bammali, R/o Vill- Khabra, P.S.- Sadar, Distt- Muzaffarpur. at present Junior Electrical Engineer, Electricity Supply Department, Raxaul-2, East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2017 Heard the parties.

This application has been filed in connection with G.R. Case No.19 of 2015 arising out of Palanwa P.S.Case No.04 of 2015 for the offence under Sections 420 and 384 of the Indian Penal Code. It is submitted on behalf of the petitioner that from perusal of the F.I.R., it appears that in spite of the fact that the Government has given free connection, the petitioner was collecting Rs.400/- from each persons for connection. It also appears that later on he returned the amount. It has also been submitted that the petitioner is a Junior Engineer, as such there is no chance of his absconding.

Patna High Court Cr.Misc. No.54621 of 2016 (3) dt.30-01-2017 2/3 Heard learned A.P.P.P as well as learned counsel for the informant.

Having heard both sides. In view of the fact that the petitioner is a Junior Engineer and it also appears from the F.I.R. itself that he has returned the amount, as such let the petitioner, named above, in the event of arrest or surrender before the court below within a period of six weeks be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with G.R. Case No.19 of 2015 arising out of Palanwa P.S.Case No.04 of 2015, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, with a condition that he will co-operate in the investigation of the case and make himself available before the police as and when required by the police.

One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.54621 of 2016 (3) dt.30-01-2017 3/3 U