Umesh Sharma @ Umesh Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27282 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -MEHANDIA District- JEHANABAD ======================================================
1. Umesh Sharma @ Umesh Singh & Ors son of Ramdip Singh Resident of Village- Belsar, P.S. - Mehandia, District-Arwal
2. Madhesh Sharma Son of Ramanand Sharma Resident of Village - Belsar, P.S. - Mehandia,District-Arwal
3. Simant Kumar Son of Brijnandan Singh Resident of Village- Durgapur P.S. -Kaler,District-Arwal
4. Krishna Rai @ Krishna Kant Sharma Son of Late Ram Pravesh Rai @ Krishna Kant Sharma,Son of Late Ram Pravesh Rai Resident of Village- Rajpura, P.S. -Kaler, District-Arwal .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Santosh Kumar Pandey For the Opposite Party : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-08-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
The petitioners apprehended their arrest in connection with Mehandia P.S. Case No. 11/2016 registered for the offences punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Section 7 of the E.C. Act. Learned counsel appearing on behalf of the petitioners submits that as per the First Information Report itself, the main allegation is against one Anil Kumar Sharma, who was the PACS Chairman of Belsar Panchayat, in Kaler Block of the
Patna High Court Cr.Misc. No.27282 of 2016 (3) dt.23-08-2016 2/3 district-Arwal. It is submitted that the allegation against the said Anil Kumar Sharma was that he had procured receipts from the agriculturists under the government scheme, for which, the agriculturists received commission. It is further submitted that the present petitioners are such agriculturists from whom the main accused Anil Kumar Sharma had obtained the receipts and that they have no significant role to play in the alleged defalcation. Considering the facts and circumstances of the case and that co-ordinate Benches of this Court had extended the privilege of anticipatory bail to other similarly situated agriculturists, vide orders dated 26.07.2016, 01.07.2016, passed in Cr. Misc. No. 29008 of 2016 and Cr. Misc. No.
26175 of 2016 respectively and further that the main accused Anil Kumar @ Anil Kumar Sharma has also been extended the privilege of anticipatory bail vide order dated 03.05.2016, passed in Cr. Misc. No. 15621 of 2016 and in view of the fact that the petitioners are similarly placed, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.27282 of 2016 (3) dt.23-08-2016 3/3 with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal in connection with Mehandia P.S. Case No. 11/2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjana Mishra, J.) Amit/- U T