Bam Bahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55562 of 2018 Arising Out of PS.Case No. -646 Year- 2014 Thana -FORBESGANJ District- ARRARIA ====================================================== Bam Bahadur Singh S/o Birendra Singh, R/o Yarpur, Rajputana, P.S.- Gardanibagh Town and District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhinay Raj, Advocate. For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Forbesganj P.S.Case No. 646 of 2014 registered under Sections 406, 409, 420 & 120-B and read with 34 of the Indian Penal Code.

It is submitted that as far as the petitioner is concerned he is a contractor and there is no allegation in the FIR that he received money without supplying the solar lamps. The irregularity/illegality in the procedure of purchase, if any, was committed, the petitioner cannot be held responsible for the same as he had participated in a tender invited by the then Block Development Officer and since his bid offer was the lowest, he was given work order pursuant to which he had supplied the solar

Patna High Court Cr.Misc. No.55562 of 2018 (2) dt.20-09-2018 2/2 lamps.

Learned counsel for the State opposed the application for grant of pre-arrest bail of the petitioner. He submitted that as per guidelines purchase was to be made either from BREDDA or from BELTRON, but the then Block Development Officer purchased the same from open market. Regard being had to the nature of allegation and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S.Case No. 646 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/Sneha U T