Jai Prakash Singh @ Jay Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69276 of 2018 Arising Out of PS. Case No.-502 Year-2018 Thana- ARARIA District- Araria ====================================================== Jai Prakash Singh @ Jay Prakash Singh son of Late Ramji Singh, Resident of Village- Jaitpur, Police Station Barahiya, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Soni Shrivastava For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 409, 420 and 34 IPC registered in connection with Araria P.S. Case No. 502/2018.

3. It is submitted that the petitioner has been falsely implicated as he was the then Executive Engineer, on the allegation of certain irregularities in construction and repair work of East Koshi Canal. It is submitted that similarly situated persons with almost identical allegations against them, namely, Mukesh Kumar Singh and Bimlendu Kumar @ Bimlendra Kumar, the then Assistant Engineer and Junior Engineer respectively, have been granted anticipatory bail by this Court in Cr. Misc. No. 76748 of 2018 and 76822 of 2018. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Araria in connection with Araria P.S. Case No. 502/2018, subject

Patna High Court CR. MISC. No.69276 of 2018(6) dt.27-02-2019 2/2 to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T