Arvind Singh @ Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43807 of 2019 Arising Out of PS. Case No.-414 Year-2018 Thana- ARARIA District- Araria ====================================================== 1.

Arvind Singh @ Arvind Kumar Singh, son of Ram Bilash Singh Resident of village- Dhokariya, P.S. Araria, District- Araria. 2.

Dinesh Singh @ Dinesh Prasad Singh, son of Saheb Lal Singh Resident of village- Dhokariya, P.S. Araria, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Araria (Madanpur) P.S. Case No.414 of 2018 for the offence punishable under Sections 406, 420 and 506 of the Indian Penal Code.

The allegation against the petitioners is that informant were engaged for the repair of road as a labourer on daily wages. It has further been alleged that after the work was over, the wages of the informant were not paid by the petitioners. Learned counsel for the petitioners submits that petitioners are innocent and are not responsible for getting the

Patna High Court CR. MISC. No.43807 of 2019(2) dt.17-07-2019 2/3 work done as a contractor and on the contrary, the submission is that the work as alleged in the First Information Report was under the Manrega scheme in which Mukhiya and Rojgar Sewak are responsible to get the work done through the Gram Panchayat and the wages are being paid directly in the account of the labourers.

Learned counsel for the petitioners further submits that the allegation is totally concocted and with oblique motive. Learned counsel further relies upon Annexure-3 and submits that without prejudice to the above, both the informant as well as the petitioners have compromised the dispute and an affidavit has been sworn by the informant in which he has stated that he has got all his wages due from the petitioners. After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the work was related to Manrega and the petitioners were not responsible as a contractor to get the work completed and further the parties have compromised amongst themselves, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, both the petitioners, named above, are directed to surrender before the learned Court below within a

Patna High Court CR. MISC. No.43807 of 2019(2) dt.17-07-2019 3/3 period of four weeks and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T