Uday Pratap @ Uday Pratap Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79954 of 2018 Arising Out of PS. Case No.-119 Year-2018 Thana- GARKHA District- Saran ======================================================
1. Uday Pratap @ Uday Pratap Yadav Son of Sheo Kumar Ray Resident of Village Tahal Tola Pachhfhiri, Police Station Garkha, District- Saran at Chapra, Presently posted as Assistant Teacher, Primary School Pirari, Block Garakha, District Saran at Chapra
2. Shileshwar Kumar Sharma @ Sileshwar Sharma @Tileshwar Sharma, Son of Sita Ram Sharma Resident of Village Jil Kabad, Police Station Garkha, District- Saran at Chapra, posted as Assistant Teacher, Primary School Jilakabad. Block Garakha, District Saran at Chapra
3. Jagat Singh Son of Bhagwat Singh, Resident of Village Pinaura, Police Station Garkha, District-Saran at Chapra, At present posted as Krishi Salahkar, Panchayati Raj Hasanpura, Block Garakha, District Saran at Chapra
4. Bhupendra Manjhi @ Upendra Manjhi, Son of Rangeela Manjhi Resident of Village Pachfhirita, Police Station Garkha, District- Saran at Chapra, Presently posted as Assistant Teacher, Middle School Panchbhidiya, Block Garakha, District Saran at Chapra ... ... Petitioner/s
Versus
1. State Of Bihar and Anr
2. Harendra Kumar Singh Son of Late Madhewshwar Singh, Resident of Village Majalishpur, BlockPolice Station- Garakha, District Saran at Chapra An Right to Information activist.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kumar Yadav For the Opposite Party/s :
Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2019 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Garakha P. S. Case No. 119 of 2018 dated 02.04.2018 instituted for the offences under Sections 156(3) of the Criminal Procedure Code of the
Patna High Court Cr.Misc. No.79954 of 2018(2) dt.17-01-2019 2/3 Indian Penal Code.
The petitioners no. 1, 2 and 4 are Assistant Teachers and petitioner 3 is a Kisan Salahakar. Allegation against them is of preparing a list in which those who were not entitled for flood reliefs have also been included. Learned counsel for the petitioners has submitted that the allegation against the petitioners is of committing irregularity in the preparation of list and it is not a case of embezzlement.
Under similar circumstances, other co-accused persons have been granted anticipatory bail by different Benches of this Court. One of them by order dated 10.01.2019 passed in Cr. Misc. No. 78663 of 2018. Regard being had to the aforesaid facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to
Patna High Court Cr.Misc. No.79954 of 2018(2) dt.17-01-2019 3/3 the satisfaction of the learned Additiaonl Chief Judicial Magistrate- 9th , Saran at Chapra in connection with Garakha P. S. Case No. 119 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
This is further subject to the condition that they will cooperate in investigation of the case and appear as and when required by the police, otherwise their bail bonds shall be cancelled.
(Ashutosh Kumar, J) skm/- U