PRADEEP KUMAR v. ANIL KUMAR SINGH

Arising Out of PS. Case No.-497 Year-2021 Thana- DIGHA District- Patna ====================================================== RAJESH KUMAR SON OF LATE SADAN PRASAD R/O - MAYA SADAN, ROAD NO.- 13C, BAHADURPUR, P.S.- BAHADURPUR, DISTRICT- PATNA THE STATE OF BIHAR Versus ... ... Petitioner/s ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 541 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 6992 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 8872 of 2022) For the Petitioner/s Mr. Indu Bhushan, Advocate Mr. Uday Pratap Singh, A.P.P. Mr. Indu Bhushan, Advocate Mr. Lalan Kumar, A.P.P. Mr. Indu Bhushan, Advocate : Patna High Court CR. MISC. No.541 of 2022(4) dt.14-11-2022 For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Jai Narain Thakur, A.P.P. ORAL ORDER 4 14-11-2022 CRIMINAL MISCELLANEOUS No.541 of 2022 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 409, 120(B) and 34 of the Indian Penal Code. The informant alleges that on inspection of godown of Ganga Sone Flood Protection Division, Digha, it was found that certain goods and articles were missing. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Learned counsel next submits that petitioner is a Junior Engineer and has been falsely implicated in the present case, it is next submitted that the FIR does not disclose as to when the said inspection was carried out, it is further submitted that for the same charges the petitioner has been put under suspension and is facing a departmental proceeding. Learned counsel also submits that since the charges in the departmental proceeding and the present FIR is same, as such, the petitioner be enlarged on anticipatory bail so that he can face departmental proceeding and prove his Patna High Court CR. MISC. No.541 of 2022(4) dt.14-11-2022 innocence. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Digha P.S. Case No. 497 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. CRIMINAL MISCELLANEOUS No. 6992 of 2022 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 409, 120(B) and 34 of the Indian Penal Code. The informant alleges that on inspection of godown of Ganga Sone Flood Protection Division, Digha, it was found that Patna High Court CR. MISC. No.541 of 2022(4) dt.14-11-2022 certain goods and articles were missing. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Learned counsel next submits that petitioner is a Junior Engineer and has been falsely implicated in the present case, it is next submitted that the FIR does not disclose as to when the said inspection was carried out, it is further submitted that for the same charges the petitioner has been put under suspension and is facing a departmental proceeding. Learned counsel also submits that since the charges in the departmental proceeding and the present FIR is same, as such, the petitioner be enlarged on anticipatory bail so that he can face departmental proceeding and prove his innocence. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case Patna High Court CR. MISC. No.541 of 2022(4) dt.14-11-2022 is pending/successor court in connection with Digha P.S. Case No. 497 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. CRIMINAL MISCELLANEOUS No. 8872 of 2022 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 409, 120(B) and 34 of the Indian Penal Code. The informant alleges that on inspection of godown of Ganga Sone Flood Protection Division, Digha, it was found that certain goods and articles were missing. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case. Learned counsel next submits that petitioner is an Executive Engineer and he has already retired, it is next submitted that even the FIR does not disclose the date of inspection and the entire allegation hinges on the inquiry done for which a departmental proceeding was also initiated against the petitioner while he was in service but now he has retired and the proceeding have been converted under Section 43(B) of Bihar Pension Rules. Learned counsel next Patna High Court CR. MISC. No.541 of 2022(4) dt.14-11-2022 submits that since the charges are the same and if the department is not able to prove the charge in the departmental proceeding then the present criminal case shall also become vulnerable. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Digha P.S. Case No. 497 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. GauravSinha/- U T (Satyavrat Verma, J)