Ajay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57127 of 2018 Arising Out of PS.Case No. -85 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Ajay Kumar, son of Dr. Late Patwari Prasad Yadv, Resident of VillageMathurapur, P.S.- Bihpur, District- Banka.

2. Ganpat Prasad Yadav @ Ganpat Yadav, son of Late Mashori Yadav, Resident of Village- Amdar, P.S.- Sabaur, District- Bhagalpur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vibhakar Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Kotwali Adampur/Kotwali P. S. Case No. 85 of 2016 registered under Sections 409 and 420 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that petitioners are Panchayat Secretaries and at present they are posted in Kharik and Bihpur Block respectively. The issue of appointment of teachers in different Panchayats is of the period prior to 2016, whereas the petitioners joined in the panchayat in the year 2016. It is further contended that most of the accused persons having more or less identical allegations have been granted pre-arrest bail by the different Benches of this Court.

Patna High Court Cr.Misc. No.57127 of 2018 (2) dt.08-10-2018 2/2 Learned counsel for the State does not dispute the fact that several other accused persons have already been granted pre-arrest bail.

Having regard to the facts and circumstances of the case and submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioners are 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali Adampur/Kotwali P. S. Case No. 85 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Md.S./SkSuman.

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