Chandra Shekhar Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(From The Official Chambers Via Video Conferencing) CRIMINAL MISCELLANEOUS No.16903 of 2021 Arising Out of PS. Case No.-210 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== 1.

CHANDRA SHEKHAR AZAD S/O SURYANARAYAN SINGH R/O VILLAGE-MURHAN, P.S.-GORADIH, DISTRICT-BHAGALPUR. 2.

BABLU KUMAR SINGH @ BABLU KUMAR S/O CHHOTELAL SINGH R/O VILLAGE-MURHAN, P.S.-GORADIH, DISTRICT-BHAGALPUR. 3.

RISHIKANT KUMAR @ GABBAR KUMAR S/O MAHESH SINGH R/O VILLAGE-MURHAN, P.S.-GORADIH, DISTRICT-BHAGALPUR. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-01-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in connection with Sabour (Goradih) P.S. Case No. 210 of 2020, registered for the offences punishable under Sections 341, 323, 353, 406, 420, 379/34, 120(B) of the Indian Penal Code.

As per allegation, an enquiry was going on in respect of misappropriation of the funds of government schemes. The

Patna High Court CR. MISC. No.16903 of 2021(2) dt.19-01-2022 2/3 allegation is that the on the order of petitioner No. 1, Chandra Shekhar Azad, petitioner No. 2 Bablu Kumar along with three unknown persons equipped with firearms came there and fled away with the papers of enquiry.

Learned counsel for the petitioners has submitted that it has explicitly been mentioned in the FIR that the enquiry was going on in respect of the allegation petition filed by the petitioner No. 1 in respect of misappropriation and embezzlement of government funds by Mukhiya, Rojgar Sevak and other persons. That allegation petition has been filed as Annexure-2 in which petitioner No. 1 has made allegation to the District Magistrate for enquiry of misappropriation of the government funds. In that application itself the petitioner has expressed that the persons against whom he has levelled allegation such as Mukhiya, Panchayat Rojgar Sevak etc. may implicate him in false case.

Considering the submissions and after perusal of the record, the petitioners appear to be entitled for privileges of anticipatory bail. Accordingly, their prayer for anticipatory bail is allowed and they are directed to be released on anticipatory bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.16903 of 2021(2) dt.19-01-2022 3/3 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour (Goradih) P.S. Case No. 210 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T