Bipin Kumar @ Bipin Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26689 of 2017 Arising Out of PS.Case No. -96 Year- 2016 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Bipin Kumar @ Bipin Sah, son of Ram Chandra Sah, resident of village- Bhagwanpur Khajuri, P.S.- Baligaon, District- Vaishali, at present posted as Kishan Salahkar, Patepur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Rakesh, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Patepur P.S. Case No.96 of 2016 instituted for the offence under Section(s) 166, 167, 420, 409/34 Indian Penal Code.

As per written report, the petitioner, who is Agriculture Advisor, in conspiracy with other persons prepared wrong list of beneficiaries to get compensation. Counsel for the petitioner has submitted that the name of the informant was also in the list of beneficiaries, which has been annexed as Annexure-2. The informant has got compensation from the government under the scheme. It has been submitted that co-accused with similar allegation has been granted anticipatory bail by this Court by

Patna High Court Cr.Misc. No.26689 of 2017 (2) dt.07-07-2017 2/2 order dated 06.07.2017 passed in Cr. Misc. No.26623 of 2017. 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 Patepur P.S. Case No.96 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) Cr. P. C.

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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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.