Gunjan Kumar @ Sri Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57965 of 2019 Arising Out of PS. Case No.-119 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== GUNJAN KUMAR @ SRI GUNJAN KUMAR Son of Late Shashi Bhushan Prasad Resident of Village- Bawan Bigha, Road No. 6, P.S.- Mithanpura, District- Muzaffarpur, presently posted as Gramin Awash Sahayak, Bagaha 1, District- West Champaran, Bettiah.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chautarva P.S. Case No. 119 of 2019, disclosing the offence under Sections 409, 420 of the Indian Penal Code. Petitioner, at the relevant time, was working as Gramin Awas Sahayak under Gram Panchayat Raj Chanderpur in the district of Bagaha. It is alleged against him that he was demanding a sum of Rs. 4,000/- from one Champa Devi for extending her benefit under the Scheme.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner had joined the place of posting on 23.07.2018 and prior to that the husband of said Champa Devi was denied benefit of the said scheme by the Block Office, Bagaha. In support of the said submission, Annexure-2 has been

Patna High Court CR. MISC. No.57965 of 2019(2) dt.13-09-2019 2/2 brought on record. He has submitted that in any event, since the petitioner is a Government servant, there is no likelihood of him fleeing away from the course of investigation or trial. Considering the nature of allegation and submissions so advanced on behalf of the petitioner, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned ACJM, Bagaha, West Champaran in Chautarva P.S. Case No. 119 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T