Gopal Choudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56315 of 2015 Arising Out of PS.Case No. -497 Year- 2014 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ====================================================== Gopal Choudhary, son of Late Gunanand Choudhary, resident of VillagePali(North Tola), P.O-Basaitha, P.S.-Benepatti, District-Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar
2. Yogendra Prasad Singh, Executive Engineer, National High Way Division, Maripur, Muzaffarpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar Thakur For the Opposite Party/s : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409/34 of the Indian Penal Code.
The prosecution case is that on 26.12.2014, the Executive Engineer, National Highway Division, Muzaffarpur lodged a written complaint before the Officer-incharge, Kazi Mohammadpur police station that measurement book Nos. 890,985, 968, 967, 857, 1027 could not be produced before Departmental Enquiry Commission by the office as a result the departmental proceeding bearing No. 34 of 2006 got hampered going on against the co-accused Bibhuti Nath Jha who was posted in the said division as Sub-Divisional Officer,
Patna High Court Cr.Misc. No.56315 of 2015 (2) dt.11-12-2015 2/2 N.H., Sub-Division, Barauni at the relevant time. It is submitted by learned counsel for the petitioner that thrust of accusation is against co-accused Bibhuti Nath Jha and now the petitioner has already retired. Moreover co-accused Bibhuti Nath Jha has been granted anticipatory bail vide Cr. Misc. No. 7627 of 2015. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 497 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T