Nagendra Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41374 of 2018 Arising Out of PS.Case No. -148 Year- 2018 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Nagendra Singh S/o Late Belbhadra Singh, R/o Vill.- Daulatpur Milki, P.S.- Chandi, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Assistant Electric Engineer, Electric Supply, Chandi, District Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Chandi P.S. Case No. 148/2018 instituted for the offences under Sections 353, 504 and 409 of the Indian Penal Code.

In the instant case, which has been lodged by the Assistant Engineer, it is alleged against the petitioner that he put naked wire in place of A.B. Cable. It is further alleged that this petitioner abused the informant in his office and also misappropriated the government articles.

Learned counsel for the petitioner has submitted that only because of suspicion, the instant case has been lodged. No any electric wire or electric articles has been misappropriated by

Patna High Court Cr.Misc. No.41374 of 2018 (2) dt.17-07-2018 2/2 this petitioner. It has further been submitted that the petitioner is aged about 60 years and he has no criminal antecedent. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Chandi P.S. Case No. 148/2018, he shall be released on anticipatory 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda, subject to the conditions as laid down under Section 438(2) of the 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 tamper 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.)