Patna High CourtCR. MISC./46418/2017allowed

Pradeep Kumar v. The State Of Bihar

2017-10-13Mr. Justice Arvind Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38912 of 2017 Arising Out of PS.Case No. -104 Year- 2017 Thana -ARIYARI District- SEKHPURA ======================================================

1. Rajesh Kumar son of Sri Babulal Rajak resident of village : Faizabad, PO - Barbigha, PS - Barbigha, District - Sheikhpura, Bihar, Pin - 811101. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.46418 of 2017 Arising Out of PS.Case No. -104 Year- 2017 Thana -ARIYARI District- SEKHPURA ======================================================

1. Pradeep Kumar Son of Jalim Prasad, R/o Village- Chandi, Police StationSheikhpura, District- Sheikhpura at present Panchayat Rojgar Sevak, Sheikhpura Block, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.38912 of 2017) For the Petitioner/s : Mr. Abhishek Krishna Gupta For the Opposite Party/s : Mr. Sri Parmeshwar Mehta (In Cr.Misc. No.46418 of 2017) For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-10-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ariyari Police Station Case No. 104 of 2017, disclosing offences under Sections 406, 409, 420, 467, 468, 471 read with

Section 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the petitioner (in Cr. Misc. No.38912 of 2017) happened to be Panchayat Rozgar Shewak appointed on 20.02.2016 whereas the allegations leveled in the F.I.R. belongs to the year 2009-2016, therefore, the petitioner has not played any role in the entire matter. So far petitioner in Cr. Misc. No. 46418 of 2017 is concerned, he happened to be Panchayat Takniki Sahayak in Hussainabad Panchayat and has joined the post on 30.11.2010 and has been transferred to the Barbigha block on 30.06.2011. Although five men enquiry Committee was set up but no enquiry has been done against this petitioner. These petitioners have falsely been implicated in this case. Moreover, co-accused, Narendra Kumar, having more of less similar allegation has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 47323 of 2017. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sheikhpura, in connection with Ariyari Police Station Case No. 104 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T