Ganpat Yadav @ Ganpat Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71366 of 2023 Arising Out of PS. Case No.-2 Year-2019 Thana- EKCHARI District- Bhagalpur ====================================================== GANPAT YADAV @ GANPAT PRASAD YADAV Son of Late Madhuri Yadav R/o vill - Amdam (Madar), P.s. - Sabour, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State Shri Jharkhandi Upadhyay, who has filed counter affidavit on behalf of the State which is taken on record.

2. This is the second attempt of the petitioner for grant of anticipatory bail in connection with Ekchari P.S. Case No. 2 of 2019 registered for the offence under Section 420, 409/34 of the Indian Penal Code.

3. Earlier, the application of the petitioner was rejected on the ground that the petitioner has not furnished the folders and nobody on his behalf has argued the case.

4. Today, learned senior counsel Mr. Vishwanath Prasad Sinha has appeared on behalf of the petitioner and relying on some documents annexed with this application, he submits that the petitioner has not committed any crime and he may be granted anticipatory bail. He further submits that the petitioner is a government servant also.

Patna High Court CR. MISC. No.71366 of 2023(7) dt.03-04-2024 2/2

5. Considering the documents which are brought on record and also considering the fact that the petitioner is a government servant, this application for grant of anticipatory bail to the petitioner is allowed.

6. 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like mount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Ekchari P.S. Case No. 02 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The petitioner will co-operate in the investigation if the same is pending against others and he will also co-operate in the trial.

8. The petitioner will also inform the Court below about his place of posting whenever he gets transferred. (Sandeep Kumar, J) Vikas/- U T