Birendra Kumar Bhagat @ Virendra Kumar Bhagat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16020 of 2018 Arising Out of PS.Case No. -844 Year- 2011 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Birendra Kumar Bhagat @ Virendra Kumar Bhagat son of Late Jagarnath Prasad Resident of village/Mohalla Mahabir Colonjy, Chandauti More, P.S. Rampur, District Gaya At present of Ex-Circle Officer, Warsaliganj, P.O. & P.S. Warsaliganj, District Nawada .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.844 of 2011 registered for offences punishable under Sections 120(B), 420, 466, 468 and 323 of the Indian Penal Code.

Allegation against the petitioner is that he had got executed sale deed in collusion with Rajaswa Karmchari and name of his mother entered in that sale deed.

Submission of the learned counsel for the petitioner is that he was S.W.O. and at that time he was working as Circle Officer and further submission is that Rajaswa Karmchari Madan Pandey has been granted privilege of the anticipatory bail vide order dated

Patna High Court Cr.Misc. No.16020 of 2018 (3) dt.25-06-2018 2/2 30.5.2013 passed in Cr. Misc. No.15102 of 2013. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that the case is quite old and the petitioner was absconding.

Having heard both sides and in view of the facts and circumstances, as stated above, and case is quite old, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below considering the fact that another co-accused has been granted bail. If possible this application will be disposed of preferably on the same day.

With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T