Sushil Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80054 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== SUSHIL KUMAR PANDEY, Son of Late Ramanand Pandey, Resident of Village - Brahma Sthan, P.S. - Bhagwanpur Hat, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 406 and 409/34 of the Indian Penal Code.

Petitioner was the Executive Engineer for the work of construction of Panchayat Bhawan.

Submission is that Panchayat Bhawan was constructed and handed over to the District Panchayat in the year 2016. However, FIR has been lodged in the year 2019 with allegation that quality of work was not up to mark. Further submission is that co-accused Laleshwar Sao, who is the Junior Engineer, has already been allowed anticipatory bail by a Coordinate Bench of this Court vide order dated 22.10.2019 passed in Cr. Misc. No. 62865 of 2019. There is no material to

Patna High Court CR. MISC. No.80054 of 2019(2) dt.23-01-2020 2/2 substantiate that the petitioner is going to tamper with the evidence or abscond the process of law.

Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Kochaikot Police Station Case No. 151 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the trial court.

(Birendra Kumar, J) Kundan/- U T