Ram Chandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74508 of 2018 Arising Out of PS. Case No.-209 Year-2010 Thana- MINAPUR District- Muzaffarpur ====================================================== Ram Chandra Prasad son of Subhi Prasad, Resident of Village- Majhaulia, P.S. Meenpur, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Alok Kumar Alok, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-03-2019 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, 420 and 409/34 of the Indian Penal Code registered in connection with Meenapur P.S. Case No. 209 of 2010.

3. It is submitted that the petitioner has been falsely implicated on the accusation of corruption being done in execution of different schemes. It is submitted that after due investigation, the police submitted final form on 23.07.2013 showing mistake of fact. The matter was further investigated by the police and once again on 29.03.2017, final form was submitted as mistake of fact. Of the three accused persons, two namely, Umesh Narayan Singh @ Umesh Narain Singh and Vijay Kumar Sinha have been granted anticipatory bail vide orders dated 06.12.2018 and 13.12.2018 passed in Cr. Misc. No. 63883 of 2018 and Cr. Misc. No. 59057 of 2018, respectively. The petitioner was the then Mukhiya of Gram Panchayat Raj, Majhaulia and 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

Patna High Court CR. MISC. No.74508 of 2018(4) dt.11-03-2019 2/2 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 Chief Judicial Magistrate, Muzaffarpur in connection with Meenapur P.S. Case No. 209 of 2010, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with 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 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. (iv) That the petitioner shall cooperate 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.

BT/- (Vikash Jain, J) U T