Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B.A. No. 1698 of 2013 with A.B.A. No. 1668 of 2013 Subhash Oraon.........Petitioner ( in ABA 1698/13) Rakesh Kumar.....Petitioner ( in ABA 1668/13) Vs. The State of Jharkhand ........Opposite parties ( in both cases) CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioners: Mr. Delip Jerath, Mr. Rajesh Kumar ( in ABA No. 1698/13) Mr. Amresh Kumar ( in ABA 1668/13) For the State: Mr. A.K. Pandey, APP ( in ABA 1698/13) Mr. Prem Prakash, APP ( in ABA 1668/13) 5/19.06.2013: Both the anticipatory bail applications are heard together as they arose from the same FIR. Anticipatory bail applications filed by petitioners Subhash Oraon and Rakesh Kumar are moved by Sri Delip Jerath and Sri Amresh Kumar and opposed by Sri A.K. Pandey and Sri Prem Prakash, learned Additional P.Ps. respectively. It appears that the scheme no. 4/04-05 was sanctioned for building a Check Dam in the village Sithiyo in the district of Lohardaga. It then appears that Laloo Oraon, Assistant Engineer was asked to construct the said Dam. It is alleged that instead of constructing the aforesaid Check Dam at Sithiyo Nala, co-accused Laloo Oraon constructed it at Datri Nala. When a complaint made regarding the same, the matter was enquired by these petitioners by the order of competent authority. After enquiry petitioners gave report, stating therein that the said Check Dam constructed at Datri Nala and not on Sithiyo Nala. Annexure-7 reveals that , Project Officer changed the name of the scheme and asked petitioner (Subhash Oraon) to complete the project. It is stated that petitioner ( Subhash Oraon) completed the project. There is no allegation against the petitioner Subhash Oraon that he has not completed the Check Dam at Datri Nala. It is worth mentioning that at the time of construction made by -2- co-accused Laloo Oraon, petitioners were not posted in MESO Project , Lohardaga and they joined at MESO project only in the year 2008. Considering the aforesaid facts and circumstance, I allow both these applications and direct the petitioners to surrender in the court below by 29.06.2013 and in that event the court below is directed to enlarge the petitioners of both the anticipatory bail applications, above named, on bail on furnishing bail bond of Rs. 10,000/- ( Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Lohardaga in connection with Senha P.S. Case No. 13 of 2012 ( G.R. No. 115 of 2012) , subject to the condition as laid down under section 438(2) of the Cr.P.C. ( Prashant Kumar,J.) Sharda/-