← Library
Patna High CourtCR. MISC./32862/2019bail granted

Dhananjay Kumar v. The State Of Bihar

2019-05-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32862 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== Dhananjay Kumar, Son of Late Durga Prasad, Resident of Village-Sudhi Tob Opp. Gandhi Chowk, Sampatchak, P.S.-Sultanganj, District-Patna. ... ... Petitioner/s

Versus

The State Of Bihar, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarveshwar Tiwary For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Banmankhi P.S. Case no. 153 of 2018, registered under Sections 420, 406, 409/34 of the Indian Penal Code. After eight years of the completion of the work of East Kosi Canal, the present F.I.R. has been lodged for the construction work not having been carried out in accordance with the manifest.

Learned counsel for the petitioner submits that at the relevant time, the petitioner was posted as Assitant Engineer, Irrigation Division, Bathnaha and the said work was completed in his supervision, but with ulterior motive, after eight years, the present case has been lodged. Further

Patna High Court CR. MISC. No.32862 of 2019(2) dt.20-05-2019 2/2 submission is that co-accused, who was also Executive Engineer, Bathnaha Irrigation Division has already been granted privilege of pre-arrest bail on 27.03.2019 vide Criminal Miscellaneous No. 17000 of 2019. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 the Chief Judicial Magistrate, Purnea in connection with Banmankhi P.S. Case No. 153 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T