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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2833 of 2018 Arising Out of PS.Case No. -180 Year- 2016 Thana -BABUBARHI District- MADHUBANI ====================================================== ANUJ KUMAR @ ANUJ KUMAR SINGH S/o Late Siyasharan Singh, R/o Mohalla- Rajiv Nagar Road No.-16, P.S.- Rajiv Nagar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Babubarhi P.S. Case No.180 of 2016 registered under Sections 419, 420 and 409 of the Indian Penal Code. Learned counsel for the petitioner submits that in the FIR there were allegations that this petitioner being the Junior Engineer prepared a wrong measurement book and thereupon the Panchayat Secretary and the Mukhiya have wrongly received payment of Rs.1,08,053/-. It is further submitted that the Panchayat Secretary and the Mukhiya have been granted privilege of anticipatory bail in Cr.Misc.No.32038 of 2017 and Cr.Misc.No.14865 of 2017 by two coordinate Benches of this

Patna High Court Cr.Misc. No.2833 of 2018 (3) dt.12-02-2018 Court. Learned counsel has further pointed out that the Panchayat Secretary has already deposited Rs.1,08,053/- which has been stated in paragraph 11 of the application.

Learned counsel for the State is present.

Considering the facts and circumstances particularly that the Panchayat Secretary has already deposited the amount which is said to have been wrongly received by him on the wrong measurement as also that the Panchayat Secretary and the Mukhiya have been granted privilege of anticipatory bail by two coordinate Benches of this Court, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Madhubani, in connection with Babubarhi P.S. Case No.180 of 2016, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Arvind/- U T