Rashid Ansari @ Md. Rashid Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45550 of 2018 Arising Out of PS. Case No.-21 Year-2018 Thana- SIMULTALA District- Jamui ====================================================== Rashid Ansari @ Md. Rashid Anasari S/o Idrish Ansarai resident of village - Kanaudi, P.S. Simultalla, District Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. South Bihar Power Distribution Company through Assistant Electrical Engineer, Electricity Supply, Sub-Division, Jhajha. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shaukat Alam For the State :
Mr. Sri Ram Sevak Choudhary For the O.P. No.2 ;
Mr. Shrikant Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. Petitioner apprehends his arrest in Simultala P.S. case no. 21 of 2018 instituted for the offence under Section(s) 384,420 and 500 of the Indian Penal Code.
In the written report, it is alleged that this petitioner who was a petty contractor appointed by main contractor, namely, Shio Sai, was illegally taking money from the person who was given free electric connection under Government scheme "Ghar
Patna High Court Cr.Misc. No.45550 of 2018(2) dt.14-08-2018 2/3 Ghar Bijali Yojna". The FIR was lodged on the basis of the complaint made before the local MLA as mentioned in the written report.
Learned counsel for the petitioner has submitted that there is no any supporting document with written report that money was demanded by the petitioner as illegal gratification in the name of giving free electric connection.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Simultala P.S. case no. 21 of 2018, G.R. No. 1279 of 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 CJM Jamui, subject to the conditions as laid down under Section 438(2) 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 tampers
Patna High Court Cr.Misc. No.45550 of 2018(2) dt.14-08-2018 3/3 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) shyambihari/- U T