Patna High CourtCR. MISC./53251/2015rejected

Bindeshwari Prasad Yadav v. The State Of Bihar

2015-12-17Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52059 of 2015 Arising Out of PS.Case No. -165 Year- 2011 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Shakuntala Devi, wife of Beda Nand Yadav, resident of village- Amha, P.S.- Triveniganj, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52421 of 2015 Arising Out of PS.Case No. -165 Year- 2011 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Kusum Lal Mandal Son of Janki Mandal resident of village - Ratha, P.S. Triveniganj, District - Supaul .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.53251 of 2015 Arising Out of PS.Case No. -165 Year- 2011 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Bindeshwari Prasad Yadav son of Late Anandi Yadav, resident of villageKumiyahi, P.S.- Triveniganj, District- Supual .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.52059 of 2015) For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Smt. Indu Kumari Srivastava (App) (In Cr.Misc. No.52421 of 2015) For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Anil Prasad Singh (App) (In Cr.Misc. No.53251 of 2015) For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Durgesh Nandan(App) ======================================================

CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-12-2015 Heard learned counsel for the petitioners in all the three cases and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Triveniganj P.S. Case No. 165 of 2011, for the offences alleged under Sections 420, 409, 467, 468/34 of the Indian Penal Code. The anticipatory bail applications of all the petitioners have been rejected by a Co-ordinate Bench of this Court and later on, by the Hon'ble Apex Court.

The petitioners bring to my notice the order dated 15.12.2014 passed in Cr. Misc. No. 50267 of 2014, by a Coordinate Bench of this Court, wherein Siddiki @ Md. Siddique, one of the Mukhiyas, has been granted the privilege of anticipatory bail by this Court. The allegations against the petitioners is that they have purchased Solar Light at a higher price than price fixed by BIADA without taking any administrative approval, causing huge revenue loss to the government. The petitioners further submit that the learned court below has granted bail to one co-accused namely Renu Devi in Bail Application No. 623 of 2015.

Considering the above facts, I am not inclined to grant anticipatory bail to these petitioners. However, the petitioners may

surrender before the learned court below and on such surrender, the learned court below, after taking into account the order passed by this Court in the aforesaid case, will consider the regular bail application of the petitioners.

(Nilu Agrawal, J) kunal/- U T