Veeru Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36264 of 2020 Arising Out of PS. Case No.-353 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== VEERU RAJAK S/O ARJUN RAJAK RESIDENT OF VILLAGE - BELAGANJ, P.S. - BELAGANJ, DISTRICT - GAYA ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Kumar, Advocate For the Opposite Party :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-05-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State via video conferencing.

2.

The petitioner seeks pre-arrest bail in connection with Belaganj P.S. Case No.353 of 2019 registered under Sections 409, 420, 120-B/34 of the Indian Penal Code. 3.

According to the prosecution case, the petitioner had received Rs.12,000/- as encouragement amount for constructing a lavatory, but after receiving amount, he did not construct the lavatory.

4.

The petitioner has denied the allegation of receiving the amount of Rs.12,000/-. Learned counsel for the petitioner submits that co-accused Subi Khatoon @ Subi Khaton

2/3 having more or less identical allegation to that of the petitioner has already been granted pre-arrest bail by a co-ordinate Bench of this Court vide order dated 08.07.2020 passed in Cr. Misc. No.87219 of 2019.

5.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. 6.

Considering the nature of allegation, the amount involved in the case and the submissions advanced at the Bar, the petitioner is directed to be released on bail, in the event of his arrest or surrender, 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 Additional Chief Judicial Magistrate-XI, Gaya in connection with Belaganj P.S. Case No.353 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 7.

Since the court proceedings are being conducted through virtual mode, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me electronically by the Joint

3/3 Registrar-cum-Addl. PPS.

(ii) The corrected copy of the order shall be transmitted by me to the Joint Registrar-cum-Addl. PPS electronically, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding.

(iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let steps be taken by the Joint Registrar-cum-Addl. PPS/registry for up-loading of the present order without compromising with the norms of social distancing.

Kanchan/- (Ashwani Kumar Singh, J) U T