Anmol Jha @ Anmol Kumar Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38240 of 2018 Arising Out of PS. Case No.-136 Year-2017 Thana- DAGARUA District- Purnia ======================================================
1. Anmol Jha @ Anmol Kumar Jha, S/o Late Doman Lal Acharya
2. Hira Lal Das, S/o Late Gore Lal Das
3. Anil Mandal, S/o Late Fatkan Mandal
4. Mangan Rishi, S/o Late Bhagat Rishi
5. Budh Dev Baski, S/o Durga Baski All are R/o Babhni, P.S. Dagarwa, District- Purnia ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend arrest in Dagarwa P.S. Case No. 136 of 2017 instituted for the offence under Sections 406,420/34 of the IPC.
Learned counsel for the petitioners submits that these petitioners are elected people's representative. The verification of the document is the duty of Government Clerk such as Panchayat Sachiv and Revenue Clerk. It has been further submitted that there is no allegation of any misappropriation of amount of Indira Awas Yojana against these petitioners. He further submits that the government fund is transferred directly in the accounts of the beneficiaries. It has been further submitted that similarly situated co-accused have already been
Patna High Court Cr.Misc. No.38240 of 2018(2) dt.29-06-2018 2/2 granted anticipatory bail by coordinate Benches of this Court by order dated 17.11.2017 and 29.05.2018 passed in Cr.Misc. No. 51186 of 2017 and Cr. Misc. No. 28745 of 2018 respectively. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Dagarwa P.S. Case No. 136 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Purnia, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) khushbu/- U T