Ashok Kumar Verma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69624 of 2018 Arising Out of PS. Case No.-115 Year-2018 Thana- RAJGIR District- Nalanda ======================================================
1. Ashok Kumar Verma son of Late Lalit Kishore Prasad, resident of Mohalla Kachahari Road, Amber, P.S. and P.O. Bihar, District Nalanda, the then Revenue Karamchari, Anchal Office, Rajgir (now retired).
2. Indradeo Pandit son of Sri Bhasho Pandit, the then Circle Inspector, Anchal Office, Rajgir, presently posted as Circle Officer, Shahpur Patori, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babita Kumari For the Opposite Party/s :
Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Rajgir P.S. Case No. 115 of 2018, disclosing offences under Sections 420, 467, 468 and 471 of the Indian Penal Code. The petitioners, at the relevant point of time, were working as Rajasva Karmachari and Circle Inspector. On the allegation of creation of incorrect Jamabandi, three persons were named in the first information report, including the Circle Officer. Whereas petitioner no. 1 has been dismissed from service, petitioner no. 2 is presently working as Circle Officer,
Patna High Court Cr.Misc. No.69624 of 2018(3) dt.18-12-2018 2/3 Shahpur Patori, District-Samastipur.
Learned counsel, appearing on behalf of the petitioner, contends that Jamabandi, if any, was created by the then Circle Officer. It has also been submitted that the allegation against these petitioners pertains to the duty which they have discharged in their official capacity and, in any view of the matter, it is contended, the petitioners are not likely to escape from the course of investigation, if granted bail. Considering the nature of allegation and the submission advanced on behalf of the petitioners, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Nalanda at Biharsharif in Rajgir P.S Case No. 115 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their
Patna High Court Cr.Misc. No.69624 of 2018(3) dt.18-12-2018 3/3 bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Ashish/- U T