Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17697 of 2018 Arising Out of PS. Case No.-171 Year-2017 Thana- MAHESHKHUNT District- Khagaria ====================================================== Deepak Kumar, Son of Anand Kishore Prasad, Resident of VillageBabhangama, P.S.-Munger (Muffasil), District-Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Binod Kumar 3, APP 89 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in connection with Maheshkhut P.S. Case No. 171 of 2017 instituted for the offence under Sections 420, 409 and 468 of the Indian Penal Code.
Learned counsel for the petitioner submitted that there is no specific allegation against this petitioner of misappropriating the Government amount.
Allegation against the petitioner is that he sent wrong list of beneficiaries for grant of benefit of toilet. Learned counsel for the petitioner has submitted that the ward member has prepared the bills for beneficiaries of toilet. The
Patna High Court Cr.Misc. No.17697 of 2018(4) dt.01-05-2018 2/3 petitioner was a Panchayat Rozgar Sevak and has not submitted any bill before the Block Office for toilet directly rather petitioner has only verified the place of toilet and sent the report. Learned counsel for the petitioner submits that other accused person, Suresh Singh, has been granted anticipatory bail by this Court vide order, dated 06.04.2018, passed in Cr. Misc. No. 12258 of 2018.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Maheshkhut P.S. Case No. 171 of 2017 he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Khagaria, subject to the conditions as laid down under Section 438(2) Criminal Procedure Code with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail
Patna High Court Cr.Misc. No.17697 of 2018(4) dt.01-05-2018 3/3 bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) Shamshad/- U T