Binod Kumar Verma @ Binod Bihari Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24659 of 2018 Arising Out of PS.Case No. -481 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Binod Kumar Verma @ Binod Bihari Verma, Son of Late Ram Sunder Singh, R/o Govindapur, P.S.- Kalyanpur, District- East Champaran, at present posted as Junior Engineer, at Bhawan Pramandal, Madhepura at Madhepura, P.S.- Madhepura, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2018 Heard the parties.

Petitioner seeks pre-arrest bail in Ara Town P.S.Case No.481of 2017 registered for the offences under Sections 406, 409, 420, 467, 468, 471 and 120(B)/34 of I.P.C. Allegation against the petitioner who is Junior Engineer is of not deducting royalty and cess from the bill of the contractor. Submission of the learned counsel for the petitioner is that so far excess payment of royalty and cess is concerned the matter is pending before the Arbitration Tribunal and the accused persons against whom the allegation of non-recovery of royalty and cess is concerned, have already been granted privilege of anticipatory bail by different coordinate Bench of this Court vide

Patna High Court Cr.Misc. No.24659 of 2018 (3) dt.04-05-2018 2/2 orders dated 12.12.2017 and 17.02.2018 passed in Cr.Misc.No.58238 of 2017 and Cr.Misc.7814 of 2018 respectively which will appear from Annexures - 2 and 3 to the petition. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Bhojpur at Ara, in Ara Town P.S. Case No.481 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioner will not induce any witness or tamper with the evidence and the petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond. (Vinod Kumar Sinha, J) AnilKrSinha/- U