Dharamvir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5896 of 2021 Arising Out of PS. Case No.-351 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== DHARAMVIR KUMAR Son of Arun Prasad Resident of Village and P.O. and P.S. - Tilauthu, District - Rohtas (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-01-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner apprehends his arrest for the offences alleged under Sections 420, 409 and 34 of the Indian Penal Code, registered in connection with Aurangabad Town P.S.Case No. 351 of 2019.

As per allegation, the petitioner, who is Junior Engineer, had fixed a hand-pump in the premises of ex-Mukhiya Onkar Nath Singh in place of fixing it on public land as the hand-pump was sanctioned for public utility.

Patna High Court CR. MISC. No.5896 of 2021(3) dt.27-01-2022 2/3 The learned counsel for the petitioner after drawing my attention towards Annexure-2, which is a letter no. 2676 dated 05.12.2018, issued by the Executive Engineer to the District Programme Officer, Aurangabad, has stated that at the time of fixing of the hand-pump, the boundary wall was not there and after fixing of the hand-pump the same was erected clubbing that land into the premises of ex-Mukhiya after raising a boundary wall besides the hand-pump.

The letter no.2676 dated 05.12.2018 sent by the Executive Engineer to the District Programme Officer shows that the boundary wall was erected after fixing the hand-pump. Considering the above facts and circumstances, let the petitioner above-named, in the event of her arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 351 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided

Patna High Court CR. MISC. No.5896 of 2021(3) dt.27-01-2022 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T