Dularchandra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13699 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -MAHESHKHUNT District- KHAGARIA ======================================================

1. Geeta Kumari, Wife of Ajay Kumar, Ward Member No.7, Resident of Village- Banni, P.S.- Mahesh Khunt, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22128 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -MAHESHKHUNT District- KHAGARIA ======================================================

1. Dularchandra Kumar, Son of Bahadur Mandal, Resident of Village-Babu Bagia, P.S.-Mahesh Khunt, District-Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.13699 of 2018) For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Sri Yogendra Kumar (In Cr.Misc. No.22128 of 2018) For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2018 Both the cases are being heard together as the same have arisen out of the same P.S.Case Number.

Heard the parties.

The petitioners are apprehending their arrest in connection with Mahesh Khunt P.S.Case No.171 of 2017 dated 30.11.2017 G.R.No.3451 of 2017, registered for offences punishable under

Patna High Court Cr.Misc. No.13699 of 2018 (3) dt.27-06-2018 2/3 Sections 420, 409 and 468 of the Indian Penal Code. Allegation against the petitioners of both the cases is that they have pasted more than one photograph of the latrine in the format in order to make the same financial irregularities. Submission of the learned counsel for the petitioners is that there was no otherwise intention behind it and other accused persons having similar allegation, having similar allegation, have been granted privilege of the anticipatory bail, vide order dated 24.4.2018 passed in Cr. Misc. No1.0818 of 2018, order dated 1.5.2018 passed in Cr. Misc. No.17697 of 2018 and order dated 6.4.2018 passed in Cr. Misc. No.12258 of 2018. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IIrd, Khagaria in connection with Mahesh Khunt P.S.Case No.171 of 2017 dated 30.11.2017 G.R.No.3451 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.13699 of 2018 (3) dt.27-06-2018 3/3 With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T