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Patna High CourtCR. MISC./2805/2023bail granted

Umesh Thakur v. The State Of Bihar

2023-05-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2805 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

Umesh Thakur Son Of Sarowar Thakur R/V- Khapur, Ward No. 14, P.SRatwara (Alamnagar) Dist- Madhepura 2.

Sanjay Kumar Thakur Son Of Suresh Thakur R/V- Khapur, Ward No. 14, P.S- Ratwara (Alamnagar) Dist- Madhepura 3.

Kamleshwari Thakur Son Of Sukhan Thakur @ Sukkan Thakue @ Sukun Thakur R/V- Khapur, Ward No. 12, P.S- Ratwara (Alamnagar) DistMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh,advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Alamnagar P.S. Case No. 144 of 2022 registered for the offences punishable under Sections 420,409/34 the Indian Penal Code.

As per the FIR, allegation against the petitioners is that they have not completed the construction of their house despite advance money has been paid to them under the Govt Scheme of Pradhan Mantri Awas Yajna.

Learned counsel for the petitioners submitted that

Patna High Court CR. MISC. No.2805 of 2023(5) dt.04-05-2023 2/2 petitioners have falsely been implicated in this case. It is further submitted that petitioners have completed construction of their house and they have not defalcated the government amount. A certificate has been issued by the B.D.O, Alamnagar , which is annexed as Annexure -2 series. It is further submitted that petitioners have clean antecedents as stated in para-3 of this application.

Considering this fact that there is no specific overt act attributed against the petitioners as well as submission of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in Alamnagar P.S. Case No. 144 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) N.K/- U T