Krishna Mohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== Krishna Mohan Kumar S/o Late Ramashis Rai, Resident of village- Mahua Singhrai, PS- Mahua, District- Vaishali.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Asha Kumari For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2019 Petitioner apprehends his arrest in connection with Banmankhi P.S. Case No. 153 of 2018 registered for the offences punishable under Sections 420, 406 and 409/34 of the Indian Penal Code.
Allegation as per FIR is of committing irregularity in connection with quality and low specification of structural work in project work of Eastern Koshi Canal and also there is allegation of embezzlement.
Submission of learned counsel for the petitioner is that petitioner at the relevant time was posted as Assistant Engineer under Banmankhi Division and not in Renovation of Eastern Kosi Canal Project and no show cause has ever been served upon him before lodging the FIR against him. Heard learned APP also.
Patna High Court Cr.Misc. No.51 of 2019(3) dt.16-01-2019 2/2 Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender within six weeks from the receipt of this order and on surrender he shall be released on provisional bail to the satisfaction of the court below till submission of charge sheet subject to the condition that he has to co-operate in investigation. It is made clear that after investigation if any serious incriminating material has come against the petitioner and charge sheet has been submitted, he has to surrender and make prayer for regular bail. With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) spal/- U T