Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63560 of 2018 Arising Out of PS. Case No.-126 Year-2017 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Lal Babu Singh S/o Uchit Singh R/o Vill- Dullipatti,P.S.- Jai Nagar, Distt. Madhubani, Prop. M/S Ram Janki Construction, Station Road, Madhubani, P.S. & Distt. Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal Mr. Amresh Kumar Sinha Miss Preety Kuwar For the Opposite Party/s :

Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409, 467, 468 and 477 of the Indian Penal Code.

Petitioner was contractor and he was assigned certain repairing works but some private persons made allegation that the concerned Executive Engineer withdrew the amount meant of construction work without completion of the work and without doing any measurement.

Submission on behalf of the petitioner is that the first information report was lodged in the year 2017 and that is, too,

Patna High Court Cr.Misc. No.63560 of 2018(3) dt.14-12-2018 2/2 after retirement of concerned Executive Engineer. He further submits that as a matter of fact that petitioner did repairing work as assigned to him and, thereafter, got payment of his work. He further submits that even if the bill of the petitioner was passed without getting any measurement, then also, it is not the fault of the petitioner. It is further submitted by him that F.I.R named accused namely, Ramanand Singh, the then Executive Engineer, has already been admitted to anticipatory bail by a co-ordinate Bench of this Court vide order dated 02.07.2018 passed in Cr. Misc. No. 28270 of 2018.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in Town P.S. Case No. 126 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C.

N.K/- (Hemant Kumar Srivastava, J) U T