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Patna High CourtCR. MISC./42837/2018bail granted

Rajnandan Singh v. The State Of Bihar

2018-07-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42837 of 2018 ====================================================== Rajnandan Singh, Son of late Jugal Singh, Resident of Village- Bajitpur, P.S.- Ghosi, District- Jehanabad the then Dafedar, Ghosi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 19-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Ghosi P.S. Case No. 311 of 2017 registered under Section 409 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that from perusal of first information report, it would manifest that there is no mention as to when the pipal tree was chopped down and when the petitioner was deputed to keep vigil for the said tree. It is further stated that the choukidar Jagdeo Paswan, who had to keep vigil on the fallen tree has died and the

Patna High Court Cr.Misc. No.42837 of 2018 (2) dt.19-07-2018 petitioner has also retired from service in the year 2015 whereas the first information report has been instituted after two years of his retirement on 11.11.2017. It is further contended that another co-accused Satendra Kumar, a Panchayat Rojgar Sevak, has already been granted pre-arrest bail by a co-ordinate Bench of this Court.

Having regard to the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-1st, Jehanabad in connection with Ghosi P.S. Case No. 311 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T