Rajeev Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68651 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- BENIPATTI District- Madhubani ====================================================== Rajeev Ranjan Son of Mani Kant Rajak Resident of Jai Nagar Lal Pahari,Ward No.33,P.S.Lakhisarai,Distt.-Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Prakash Verma For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-12-2018 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Benipatti P.S. Case No. 159 of 2018 registered for the offences punishable under Sections 420, 467, 468/34 of the Indian Penal Code.

Initially, accused Pramod Kumar, Junior Engineer and accused Md. Fazlur Rahman, Junior Engineer made complain on 02.02.2018 against petitioner that he had removed some pages from the measurement book. The aforesaid allegation was

Patna High Court Cr.Misc. No.68651 of 2018(2) dt.13-12-2018 2/3 enquired by the Executive Engineer as well as Superintending Engineer and it was found by both the aforesaid officials that aforesaid co-accused made complain on 02.02.2018 but subsequently, on the next day they signed the aforesaid measurement book. However, the higher officials after conducting enquiry lodged the present case.

Learned counsel appearing for the petitioner submits that the petitioner is an Assistant Engineer and as a matter of fact, it were co-accused Pramod Kumar and Md. Fazlur Rahman who had removed the relevant pages from the measurement book and when they were caught, they made complain levelling allegation against the petitioner. He further submits that admittedly, the aforesaid co-accused made complain on 02.02.2018 but it is surprising enough that they signed the measurement book on 03.02.2018.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.68651 of 2018(2) dt.13-12-2018 3/3 Chief Judicial Magistrate, Madhubani in Benipatti P.S. Case No. 159 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T