Rana Akshay Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47141 of 2018 Arising Out of PS.Case No. -25 Year- 2016 Thana -NABINAGAR District- AURANGABAD ======================================================

1. Rana Akshay Pratap Singh S/o Bindeshwari Singh, R/o Mohalla- Gandhi Nagar, Budhamarg, Dehri On Sone P.S.- Dehri, District- Rohtas, at present Posted as Circle Officer, Nabinagar, P.S.- Nabinagar, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Pandey For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Nabinagar P.S.Case No.25 of 2016 , registered for offences punishable under Sections 420, 406, 409/34 of the Indian Penal Code.

Allegation against the petitioner is of committing irregularity in IHSDP scheme and the petitioner and several other accused persons were made accused in this case and the petitioner was said to be Executive Officer during that period. Submission of the learned counsel for the petitioner is that the petitioner was Executive Officer for the period of two months and moreover the enquiry report shows responsibility of Manjeet Kumar and one Assistant though the petitioner has also been

Patna High Court Cr.Misc. No.47141 of 2018 (2) dt.14-08-2018 2/2 named. The aforesaid Manjeeet Kumar has been granted privilege of the anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 2.2.2017 passed in Cr. Misc. No.49394 of 2016. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Aurangabad in connection with Nabingar P.S.Case no.25 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T