Shiv Shanker Pandey v. The State Of Bihar
Patna High Court Cr.Misc. No.2395 of 2015 (4) dt.05-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2395 of 2015 Arising Out of PS.Case No. -361 Year- 2014 Thana -DUMRAUN District- BUXAR ======================================================
1. Shiv Shanker Pandey S/o Late Dina Nath Pandey .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Purushottam Narayan Mishra For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-02-2015 Supplementary affidavit is filed on behalf of the petitioner.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Dumraon P.S. Case No. 361 of 2014 registered for the offences punishable under Sections 408, 409, 419, 420/34 of the Indian Penal Code.
Admittedly, petitioner was Panchayat Secretary at the relevant time and purchase of solar light from Tata B.P. company was made in the year 2008 etc.
The accusation against the petitioner is that he violated the government instruction in the above stated purchase but submission on behalf of the petitioner is that the Tata B.P.
Patna High Court Cr.Misc. No.2395 of 2015 (4) dt.05-02-2015 company was authorized by the BREDA.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Chief Judicial Magistrate, Buxar in Dumraon P.S. Case No. 361 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T