Nazma Khatoon And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.1913 of 2015 (3) dt.29-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1913 of 2015 Arising Out of PS.Case No. -266 Year- 2014 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Nazma Khatoon wife of Asharaf Hussain Resident of village - Chausa, Police Station - Buxar Muffasil, District - Buxar

2. Sunita Devi wife of Bishnu Singh Yadav resident of village - Akhaumpur Gola, Police Station Buxar Muffasil, District - Buxar

3. Siya Ram Chaudhary Son of Late Nageshwar Prasad Chaudhary resident of village - Narbatpur, Police Station - Buxar Muffasil, District - Buxar

4. Dhirendra Kumar Sainik Son of Late Shambhu Prasad resident of village - village - Nayi Bazar, Police Station - Buxar Muffasil, District - Buxar

5. Brij Bihari Singh Son of Ramadhar Singh resident of Chausa, Police Station - Buxar Muffasil, District - Buxar

6. Shailendra Kumar Choubey Son of Late Ramyash Choubey resident of village - Bhaura, P.O. Shaisar, Police Station - Dinara, District - Rohtas

7. Om Prakash Pandey Son of Late Ram Nath Pandey Resident of village - Brahmpur, P.S. Buxar Muffasil, District - Buxar .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 29.01.2015 Supplementary affidavit is filed on behalf of the petitioners. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Buxar Mufassil P. S. case no. 266/2014 registered under sections 409 and 420 of the IPC.

The accusation against the petitioners is that they being Mukhiya and Panchyat secretary respectively purchased solar light in

Patna High Court Cr.Misc. No.1913 of 2015 (3) dt.29-01-2015 the year 2006-07 violating the norms and rule of the government. The submission on behalf of the petitioners is that State Government directed to purchase solar light of earmarked company in the year 2010 which is evident from perusal of annexure 3 to the supplementary affidavit.

Taking note of the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Buxar Mufassil P. S. case no. 266/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T