Ram Babu Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69659 of 2018 Arising Out of PS. Case No.-126 Year-2017 Thana- MADHUBANI TOWN DistrictMadhubani ======================================================

1. Ram Babu Choudhary, son of Late Upendra Narayan Choudhary, resident of Village- Mohaddipur, P.S.- Male Singhiya, DistrictSamastipur.

2. Sunil Kumar Sinha, Son of Late Rajiv Ranjan Prasad Sinha, resident of Village- Dev Markandey, P.S. Gorari, DistrictRohtas.

3. Manoj Kumar Manish, Son of Sri Birendra Narayan Mahto, resident of Kishori Lal Chowk, P.S. Madhubani Town, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.K.Sahi, Senior Advocate Mr. Dilip Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP205 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 409, 467, 468, 477(A) of the Indian Penal Code.

The F.I.R. is registered against Ramanand Singh, the then Executive Engineer, Building Construction Department alleging therein that he had made payment to the Contractor without actual execution of work.

Allegation against the petitioners is that they were

Patna High Court Cr.Misc. No.69659 of 2018(3) dt.18-12-2018 2/2 responsible for delaying the process of file for initiating departmental proceeding against Ramanand Singh. Considering the nature of allegation, which may give rise to administrative action, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Madhubani Town Police Station Case No.126 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Kumar, J) abhishek/- U T