Sandeep Kumar vs The State of Bihar

Jitendra Mohan Sharma, J.—Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Salkhua P.S. Case No. 77 of 2011 registered for the offences punishable under Sections 420, 467, 468, 120B, 323, 354, 504/34 of the Indian Penal Code.

At the very outset, it has been submitted that in this case co-accused, Md. Zafar Alam @ Zafar Alam against whom practically all the allegations are and furthermore, co-accused, Anil Kumar Mishra @ Anil Mishra and Md. Mansoor @ Md. Manjoor Alam as well as Bechu Khan have already been allowed privilege of pre-arrest bail vide Cr. Misc. No. 5432 of 2013, Cr. Misc. No. 6010 of 2013 and Cr. Misc. No. 25231 of 2013 by another Bench of this Court and the case of the petitioner stands on better footing as he being the Block Development Officer cum Circle Officer has passed the order of construction and considering the dispute later on vacated the said order and as such his case is on better footing to which the learned A.P.P. also concedes.

Under the facts and circumstances as stated above and noticing that the case of petitioner stands on better footing to other accused, the petitioner, Sandeep Kumar, in case of his arrest or surrender within a period of one month in the court below shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Salkhua P.S. Case No. 77 of 2011, subject to the conditions as laid down u/s 438(2) of the Cr.P.C.