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Patna High CourtCR. MISC./87143/2019bail granted

Sunil Kumar v. The State Of Bihar

2020-01-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87143 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- KUMAR KHAND District- Madhepura ====================================================== SUNIL KUMAR Son of Late Chandrashekhar Prasad Resident of Village - Jaipalpatti, P.S.- Kumarkhand, District- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arvind Kumar Son of Krishnadev Yadav Resident of Village - Fulkaha, P.S.- Jadiya, District- Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2020 This is an application for grant of anticipatory bail in connection with Kumarkhand P. S. Case No. 02 of 2019 disclosing offences under Sections 120B, 419, 420, 467, 468, 406, 504/34 of IPC.

As per F.I.R. one Kishor Jha has taken 37 NSCs worth Rs.1,55,000/- for use in the construction tender and thereafter, he withdrew the amount. So far this petitioner is concerned, there is allegation that he also connived with Kishor Jha encashing those NSCs.

Submission of the learned counsel for the petitioner is that he is neither the beneficiaries nor the person who has taken the NSCS. Moreover, he is a Government Servant, as such, there

Patna High Court CR. MISC. No.87143 of 2019(2) dt.23-01-2020 2/2 is no chance of absconding.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that a prayer made by the information for verification of the signatures of the petitioner by an expert, but the same has been sent to the audit department.

Having heard both sides, considering the above submissions, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Madhepura, in connection with Kumarkhand P. S. Case No. 02 of 2019 with condition that within ten days of his release, he has to appear before the I.O. and co-operate in the investigation, otherwise, prosecution is at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T