Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3476 of 2023 Arising Out of PS. Case No.-199 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== GAURAV KUMAR S/O ARUN KUMAR ROY Resident of Village- Risaudh, P.S.- Belaganj, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 406, 409, 420 of the IPC. The allegation against the petitioner is of taking money from the beneficiaries of "Prime Minister Awas Yojana" for giving photographs of the beneficiaries' houses. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case at the instance of his enemies. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that after investigation, police filed the final form but the learned court below, differing with the final form, took cognizance against the petitioner. It is further

Patna High Court CR. MISC. No.3476 of 2023(2) dt.10-02-2023 2/2 submitted that petitioner is discharging his duty as per the guidelines and instruction of his superiors. He has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Fatehpur P.S. Case No.199/2018, (G.R. No.4586/18), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T