Dr. Barindra Kumar Dey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47635 of 2021 Arising Out of PS. Case No.-73 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.

Dr. Barindra Kumar Dey, S/O Late Narayan Chandra Dey, R/O K.M. Khan Complex, Jail Road, P.S- Rampur, District- Gaya. 2.

Dr. Banshi Dhar Lal, son of Late Shiv Mangal Lal, R/O Flat No.1508, Pratik Royal Cliff, Crossing Republic, Ghaziabad (U.P.) ... ... Petitioners

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Dr. Kamal Deo Sharma, APP For the Opposite Party :

Mr. Mithelesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioners apprehend their arrest in connection with Magadh University P.S. Case No. 73/2019 registered for the offences punishable under Sections 406/409/420/467/468/ 471/120(B) of the Indian Penal Code.

Paragraph no.13 of this bail application reads as under:- "13. That it is admitted fact that the petitioners are members of the Third inspection team which was submitted report on 24.11.2013 along with other members. On that time, the petitioner no.1 was the

Patna High Court CR. MISC. No.47635 of 2021(2) dt.25-04-2022 2/2 head of the faculty of Commerce Department and petitioner no.2 is the head of faculty of Humanities, Magadh University Bodh Gaya."

It has been submitted by learned counsel for the petitioners that the petitioners were the members of the third inspection team and he has relied upon the order dated 08.12.2021 passed in Cr. Misc. No. 17801 of 2021 by which similarly situated co-accused Vinay Kumar Singh has been granted anticipatory bail by this Court.

For the reasons mentioned in the order dated 08.12.2021 passed in Cr. Misc. No. 17801 of 2021, this bail application is also allowed.

Accordingly, let the petitioners, above named, be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Magadh University P.S. Case No. 73/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Sandeep Kumar, J) pawan/- U T