Pramod Kumar Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37702 of 2018 Arising Out of PS.Case No. -142 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Pramod Kumar Kamat, S/o Raj Kumar Kamat, resident of VillageGarba, P.O.- Sangi, P.S- Phulparas, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rupak Kumar, Advocate For the Opposite Party/s : Mr. ashraf Ansari, A.P.P.-86 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned A.P.P.

The petitioner seeks anticipatory bail in connection with Nagar (Town) P.S.Case No. 142 of 2018, G.R. No. 733 of 2018, registered for offences punishable under Sections 420 and 409/34 of the Indian Penal Code.

Allegation against the petitioner, who happens to be retired Executive Engineer, Building Division, Aurangabad is of misappropriation of fund while constructing the D- type government residential building at Dani Bigha in Aurangabad in 2015-16.

Submission of the learned counsel for the petitioner is that after his retirement, the present case has been filed and further more Annexure-2, which is received under the Right to

Patna High Court Cr.Misc. No.37702 of 2018 (3) dt.23-07-2018 2/2 Information Act, is clearly shows that the work is found satisfactory. It is also submitted that the enquiry report ( Annexure-4), which is part of F.I.R., wherein, the name of this petitioner does not find place and other co-accused having similar case, has been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 03.07.2018 passed in Cr. Misc. No. 38337 of 2018.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed 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 the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Nagar (Town) P.S.Case No. 142 of 2018, G.R. No. 733 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(Vinod Kumar Sinha, J) Sudha/- U T