Bachcha Pandey @ Bachha Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43037 of 2017 Arising Out of PS.Case No. -129 Year- 2017 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Bachcha Pandey @ Bachha Pandey, son of Late Ram Pujan Pandey, resident of village- Gaura, P.O.- Paharpur, P.S.- Garhani, District- Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv. For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Ara Muffasil P.S. Case No. 129 of 2017, disclosing offences under Sections 420, 406, 409, 467, 468, 471 and 120(B)/34 of the Indian Penal Code. The petitioner, at the relevant point of time, was posted as Assistant Engineer, MANREGA, DRDA, Bhojpur. On the date of filing of the First Information Report, he had already retired. There is allegation in the First Information Report of misappropriation of public

Patna High Court Cr.Misc. No.43037 of 2017 (2) dt.20-09-2017 2/3 money by making interpolations in the muster-roll and other documents. Allegation against the petitioner is of having endorsed the entries made by Pradeep Kumar, Junior Engineer, in the measurement book.

Learned counsel for the petitioner has submitted that considering the vague nature of allegation and the fact that there is no chance of petitioner fleeing from the course of investigation or trial, the petitioner deserves grant of anticipatory bail.

I find force in the submission so made on behalf of the petitioner. This application is, accordingly, allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara, in connection with Ara Muffasil P.S. Case No. 129 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before

Patna High Court Cr.Misc. No.43037 of 2017 (2) dt.20-09-2017 3/3 the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T