P.P. Bhatt
1. Present anticipatory bail application has been filed under sections 438 and 440 of the Code of Criminal Procedure seeking anticipatory bail in
connection with Koderma P.S. Case No. 289 of 2011 corresponding to G.R. No. 595 of 2011 dated 1.7.2011 registered under sections
409/34/120-B of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Koderma in which the petitioner has reason to
believe of being arrested by the police. Heard the learned counsel for the petitioner as well as learned APP appearing on behalf of the State and
perused the papers attached to this petition.
2. The learned counsel appearing for the petitioner pointed out that co-accused namely Vivekanand Choudhary has been granted anticipatory bail
by a Bench of this Court in A.B.A. No. 4265 of 2011 vide order dated 1.2.2012. It is further submitted that there are total three accused persons,
out of which Junior Engineer has been granted anticipatory bail. The present petitioner is the Executive Engineer and nature of the allegation is
almost similar.
3. From perusal of the F.I.R. and others annexed to this petition as also Annexure-2 it appears that the case of the present petitioner is similar to
that co-accused Vivekanand Choudhary who has been granted anticipatory bail. Having regard to the facts and circumstances of the present case
as also in view of the nature of allegations and gravity of the offence, this court is of the view that anticipatory bail is required to be granted in
favour of the petitioner Sone Lal Das. Accordingly, petitioner, Sone Lal Das, in the event of his arrest or surrender within a period of 15 days from
the date of this order, is directed to be released on executing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate, Koderma in connection with Koderma P.S. Case No. 289 of 2011 corresponding
to G.R. No. 595 of 2011 subject to the condition as laid down u/s 438(2) of the Code of Criminal Procedure.
