Anjani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29715 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- NARHATT District- Nawada ====================================================== ANJANI KUMAR S/o Late Ashok Prasad Resident of Village-Naros Koniwar, P.S.-Narhatt, District-Nawada, Pin-805110, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420 and 34 of the Indian Penal Code. The prosecution case in short is that instead of using manual labour, the accused persons have used the machine for discharge of work under welfare scheme of the government. It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.29715 of 2020(2) dt.11-12-2020 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to be Panchayat Rojgar Sewak. Certain rural works were to be carried out by the labourers but in stead of labourers, J.C.B. machines were used for earth work. It has been submitted on behalf of the petitioner that on the relevant date and time of occurrence, he was on leave. He had no knowledge regarding the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Narhatt P.S. Case No. 375 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T