Patna High CourtCR. MISC./20679/2017bail granted

Atul Kumar v. The State Of Bihar

2017-05-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20679 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Atul Kumar, S/o Baidyanath Patel, R/o Village+P.O.+P.S.- Sonbarsa, District- Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shiva Shankar Sharma, Adv. For the Opposite Party : Smt. Suman Kumari Singh, APP 164 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-05-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 287 of the Indian Penal Code and 3 of the Prevention of Damage to Property Act, 1984. The petitioner was Junior Engineer of the Irrigation Department. On the date of occurrence he was assigned the duty to note the flow of water of Balmiki Nagar Gandak Barrage. Allegation is that due to negligence of the petitioner and others excess water flew causing damage to the public property.

Submission of the petitioner is that there is no direct evidence regarding damage etc. Others were also responsible and at worst, it may be a case of negligence of a Government servant and not a case of criminal liability.

Patna High Court Cr.Misc. No.20679 of 2017 (2) dt.11-05-2017 2/2 Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Valmikinagar P.S. Case No. 53 of 2016 to the satisfaction of Sri S. Patel, Judicial Magistrate, 1st Class, Bagaha, West Champaran, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √