Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5491 of 2024 Arising Out of PS. Case No.-285 Year-2021 Thana- BELDOUR District- Khagaria ====================================================== SANJEEV KUMAR S/o Late Devnandan Prasad Resident of MohallaMathurapur Bhagat Tola, P.S. and District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2024 Heard Mr. Amar Kumar Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 188, 406, 409 & 420 of the Indian Penal Code.

3. The allegation against the petitioner is that he in association of other co-accused is said to have misappropriated the fund allotted for construction of road and after completion of work it was found that the work was not done as per the estimated cost.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against

Patna High Court CR. MISC. No.5491 of 2024(3) dt.21-03-2024 2/2 the petitioner is not specific rather general and omnibus in nature. It is further submitted that the petitioner has already deposited the alleged defalcated amount. Similarly situated coaccused, namely, Moral Sharma @ Mural Sharma and another have been enlarged on bail by a co-ordinate bench of this court vide order dated 16.03.2023 passed in Cr. Misc. No. 57878 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. 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 Beldaur P.S. Case No. 285 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T