Satrudhan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36721 of 2018 Arising Out of PS. Case No.-329 Year-2011 Thana- Shekhpura District- Sheikhpura ====================================================== Satrudhan Prasad S/o Late Mahadeo Sah, R/o Vill.- Rahamganj, P.S.- Laheriasarai, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Sheikhpura P.S. Case No. 329 of 2011 registered for offences under sections 409/467/468 of the Indian Penal Code. The petitioner is a Junior Engineer, had prepared the assessment for construction of the boundary wall of a public cemetery (Kabristan) and wrongly identified the land appertaining to Khesra No. 669 under Khata No. 106. Half of the construction has been made on the aforesaid land but, under the scheme of Plan No. 03/2008-09, half of the boundway wall has been raised over the plot no. 410, Khata No.22 and Khesra No. 387 which led to lodging of the present case.

Learned counsel for the petitioner submits that the role of the petitioner is of only preparing the boundary wall and he was not executing the work rather another two Engineers were acting as

Patna High Court Cr.Misc. No.36721 of 2018(2) dt.02-07-2018 2/2 an agent for the construction of the boundary wall. The aforesaid two Engineers have already been grantee bail by this Court vide order dated 18.3.2015 and 10.4.2015 passed in Cr. Misc. No. 10550 of 2015 and Cr. Misc. No. 41162 of 2014 respectively. Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 329 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T