Nand Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43241 of 2014 Arising Out of PS.Case No. -32 Year- 2012 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Nand Kishore Prasad S/o Mahendra Prasad Resident of Village - Chapra, P.S. - Kanti, District - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Kant Singh, Advocate For the Opposite Party : Mr. Manish Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 14-05-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Nand Kishore Prasad, in connection with Special Case No. 17 of 2012 arising out of Vigilance Police Station Case No.

of 2012, under Section 409/420/467/468/471/120B read with Section 34 of the Indian Penal Code and Sections 7/12(I)(D)/13(2) of the Prevention of Corruption Act.

Perused the above application and materials on record including a copy of the order, dated 25.06.2014, passed, in A.B.P. No. 19 of 2013, by the learned Special Judge Vigilance (North Bihar), Muzaffarpur, dismissing the said application for pre-arrest bail and, order, dated 20.08.2014, passed by a Bench of this Court in Cr. Misc. No. 26908 of 2013.

Patna High Court Cr.Misc. No.43241 of 2014 (3) dt.14-05-2015 2/3 Heard Mr. Kirshna Kant Singh, learned Counsel for the petitioners, and Mr. Manish Kumar No.2, learned Additional Public Prosecutor, appearing on behalf of the State. Considering the fact that similarly situated coaccused have been granted the benefit of pre-arrest bail by a Bench of this Court by order, dated 20.08.2014, passed in Cr. Misc. No. 26908 of 2013, and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Vigilance Police Station.

This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Vigilance Police Station, and make himself available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions.

Patna High Court Cr.Misc. No.43241 of 2014 (3) dt.14-05-2015 3/3 Officer-in-Charge, Vigilance Police Station.

Send also a copy of this order, forthwith, to the Superintendent of Police, Vigilance, by fax.

(I. A. Ansari, J) Pawan/- U T