Atul Kumar Chaudhary And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22091 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ======================================================
1. Atul Kumar Chaudhary son of Late Mahendra Prasad Chaudhary resident of Village/Mohalla - Dharamganj, Police Station - Kishanganj, Town & District - Kishanganj.
2. Manoj Kumar Singh @ Manoj Kumar son of Chand Kumar Singh resident of village - Chichora, Police Station - Kishanganj, Town & District - Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajiv Nayan Singh For the Opposite Party/s : Mr. Nawal Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-06-2016 Heard learned counsel for the parties.
This application for grant of anticipatory bail arises out of Kishanganj P.S. Case No. 44 of 2016, disclosing offences under Sections 419,420,120B, 467 and 471 of the Indian Penal Code. The allegation against the petitioners, who are employees of Bihar State Food and Civil Supplies Corporation Limited, is that they have been found selling tender papers after expiry of the date by which the tender papers were required to be sold. Learned counsel for the petitioners has submitted that in the similar circumstance, another co-accused, namely, Keshav Kumar Jha @ Keshaw Kumar and Arun Kumar Yadav @ Aroon
Kumar Yadav have been granted privilege of anticipatory bail by orders dated 03.05.2016 and 13.05.2016 passed in Cr. Misc. Nos. 19215 of 2016 and Cr. Misc. No. 17267 of 2016. Considering the fact that other similarly situated coaccused has been granted privilege of anticipatory bail, this application is allowed. Let petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj Town P. S. Case No. 44 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U