Jharkhand High Court
Binay Kumar Sharma vs The State Of Jharkhand on 1 September, 2012
Author: P.P. Bhatt
Bench: P.P.Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2321 of 2012
Binay Kumar Sharma . Petitioner(s)
Versus
The State of Jharkhand . Opp. Party.
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CORAM: HON'BLE MR. JUSTICE P.P.BHATT
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For the petitioner(s) : M/s Milan Kr. Dey, Sr. Adv., Arup Kr. Dey, Adv.
For the Opp. Party : Mr. Mukesh Bihari Lal, APP.
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Order No.2 Dated 01st September, 2012
The present petition has been filed under Sections 438 and 440 of the Code of Criminal Procedure seeking grant of anticipatory bail to the petitioner in connection with Sadar P.S. Case No. 67/2011, corresponding to G.R. Case No. 493 of 2011 for the alleged offence under sections 406, 409, 466, 468 and 34 of the Indian Penal Code, which is pending in the court learned Chief Judicial Magistrate, Chaibasa.
Heard the learned counsel for the parties and perused the record. Learned cousnel for the petitioner by referring Annexure-4 to this petition, pointed out that co-accused, Mahendra Mandal, who is similarly situated to the petitioner, was granted bail by this Hon'ble Court in A.B.A. No. 1787/2012 vide order dated 6.6.2012.
Having regards to the facts and circumstances of the present case more particular that the co-accused, Mahendra Mandal, who is similarly situated to the petitioner, was granted bail vide order dated 6.6.2012 by this Court, I am inclined to grant anticipatory bail to the petitioner. Accordingly, it is directed that in the event of his arrest or surrender within a period of 15 days from the date of this order, the petitioner, namely, Binay Kumar Sharma is directed to be released on executing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate at Chaibasa, in connection with Sadar P.S. Case No. 67/2011, corresponding to G.R. Case No. 493 of 2011 with a condition that the petitioner is directed to deposit the advanced money taken for construction work under NrEGA Scheme , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(P.P. Bhatt, J.) Anu/-