Patna High CourtCR. MISC./12840/2016bail granted

Kamlesh Kumar Rai v. The State Of Bihar

2016-03-30Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12840 of 2016 Arising Out of PS.Case No. -168 Year- 2016 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Kamlesh Kumar Rai, Son of Sri Sikandra Rai, resident of VillageKarahansi, P.S.- Natwar, District Rohtas, at present residing VillageMedani Udhopur, P.S.- Sasaram (Muffasil), District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Manish Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is said to have been caught while he was collecting huge amount from several persons on pretext to get them employed as Dalpati.

The contention on behalf of the petitioner is that petitioner was General Secretary of Bihar Rajya Dalpati Avam Raksha Dal Mahasangh, Patna, and, as a matter of fact, the aforesaid association is registered association and a writ petition has been filed against the State Government as the State Government abolished the post of Dalpati. The above stated writ petition was filed by the above stated association in which

Patna High Court Cr.Misc. No.12840 of 2016 (2) dt.30-03-2016 2/2 petitioner was making pairvi and even if the allegation of collecting the money by the petitioner is assumed to be true, then also petitioner was collecting the aforesaid amount from the members of the association being the General Secretary of the aforesaid association for making pairvi in the writ petition. Moreover, the petitioner has not collected any amount because no cash is said to have been recovered from possession of the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, at Sasaram in connection with Sasaram (Muffasil) P.S.Case No. 168 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T