Patna High CourtCR. MISC./31525/2023bail granted

Sumit Kumar v. The State Of Bihar

2023-07-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31525 of 2023 Arising Out of PS. Case No.-637 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Sumit Kumar Son Of Shashi Kumar Resident of Village and Post-Kharathua, PS-Harnaut, Poari, Dist-Nalanda, Bihar -803110. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 384/34 of the Indian Penal Code.

3. As per the prosecution case, order of measurement work of Plot No. 102, Thana No. 319 for the purpose of Road widening Project of NH-82 was given to the petitioner and other co-accused persons who are contractual Amin and measurement report was given by the petitioner on 09.06.2022. Further on 16.07.2022 an objection was raised by Meena Devi, Anju Devi, Suma Devi, Sudha Devi, Chandrashekhar Singh and Tripurari Singh and they alleged in objection application that Rs. 2,00,000/- was demanded by the petitioner and other co-accused persons.

Patna High Court CR. MISC. No.31525 of 2023(2) dt.20-07-2023 2/2

4. It is submitted that from the fardbeyan, it is clear that the report was submitted on 09.06.2022 and the objection was raised after more than one month ie., 16.07.2022 and such, there was no reason for the petitioner to demand bribe after the submission of report. There is general accusation of demand of Rs. 2 lakhs, in the fardbeyan there were six complainant and from whom the alleged amount was demanded is not given. Petitioner is only a contractual Amin and claims clean antecedents.

5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Gaya Muffasil P.S. Case No. 637 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T