In an application u/s 438 Cr.P.C., the High Court granted anticipatory bail to a Jan Sevak accused of offences u/s 406, 409, 467, 420, 34 IPC arising from an alleged work contract dispute, conditional on surrender within two months.
Anticipatory bail granted subjected to surrender and execution of bail bond within two months with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29537 of 2014
Arising Out of PS.Case No. -271 Year- 2013 Thana -NAWANGAR District- BUXAR ====================================================== Nagendra Prasad Singh, son of Late Dhaneshdatta Singh, resident of Village Kulharia, P.S. Koelwar, District Bhojpur. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pradeep Kumar, Advocate For the Opposite Party/s : Mr. Dr. Ravindra Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 09-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner apprehending his arrest in connection with Nawanagar P.S. Case No. 271 of 2013 registered for the offence under Sections 406, 409, 467, 420, 34 of the Indian Penal Code seeks privilege of pre arrest bail. Allegedly, the petitioner being Jan Sevak was appointed as an agent to get Training-cum- Rest House building, Nawanagar constructed, but the same was not completed within time and further the Junior Engineer did not get the work done as per the estimate and quality and as such the First Information Report has been lodged.
Submission is that from Annexure-2, it is apparent that the estimate was revised and earlier the agent was Suresh Singh, who was given amount of Rs. 7,69,632/- and he has
Patna High Court Cr.Misc. No.29537 of 2014 (3) dt.09-01-2015
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done the work to that extent and thereafter the petitioner being Jan Sevak was entrusted the work and he took an advance of Rs. 3,50,000/- and Measurement Book shows the work at the tune of Rs. 4,01,338/- and still 10 doors are to be fitted and four doors earlier fitted have to be removed. The petitioner has completed the work and now in that building Block Office is running. The petitioner being Government employee deserves sympathetic consideration to which the learned APP opposes.
In the facts and circumstances as stated above, considering that vide Annexure-2 series the petitioner has done the work as per the advance taken by him and as such in case of arrest or surrender before the court below within two months from the date of receipt/production of a copy of this order, the petitioner namely Nagendra Prasad Singh shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Nawanagar P.S. Case No. 271 of 2013 with condition as laid down under Section 438(2) Cr.P.C.
(Jitendra Mohan Sharma, J)
P.K./-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest.
Nagendra Prasad Singh
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
