Manoj Kumar @ Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51698 of 2017 Arising Out of PS.Case No. -194 Year- 2017 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Manoj Kumar @ Manoj Kumar Singh, son of Goverdhan Singh, resident of village: Bhabhua, P.S. Bhabhua (T), District: Kaimur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Karagahar P.S. Case No.194 of 2017 instituted for the offence under Section(s) 406, 409, 420 Indian Penal Code.

Counsel for the petitioner has submitted that petitioner is Junior Engineer and his duty was to measure only 10% of the work. Payment of work was done by Mukhiya, but Mukhiya has not been made accused in this case. All the works were completed as per estimate and the case has been filed on account of political rivalry.

It has been submitted that similarly situated coaccused, have been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 17.10.2017 passed in Cr.

Patna High Court Cr.Misc. No.51698 of 2017 (2) dt.09-11-2017 2/2 Misc. No.49697 of 2017.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with in Karagahar P.S. Case No.194 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T