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Patna High CourtCR. MISC./6673/2022allowed

Arun Kumar Verma v. The State Of Bihar

2022-08-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6673 of 2022 Arising Out of PS. Case No.-1201 Year-2013 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Arun Kumar Verma Son Of Kapildeo Prasad R/O Village- Nauranga, P.S.- Moffasil, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanjay Singh Son Of Late Subedar Singh R/O - Sahwajpur, P.S.- Khizarsarai, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

The prosecution case as per F.I.R is that the complainant was the elected President of Primary Agricultural Committee, Aima under Khizersarai Block. Under the government rule, paddy was purchased by coaccused Shailendra Kumar Verma and was kept at the

Patna High Court CR. MISC. No.6673 of 2022(2) dt.03-08-2022 2/3 place of occurrence and complainant being PACS Chairman was made to have vigilance. Thereafter, complainant became ill and in his absence, the petitioner and co-accused Shailendra Kumar Verma took away all the pady i.e. 1494 bags measuring 597.60 quintals without the knowledge and information of complainant. It is submitted by learned counsel for the petitioner that prior to lodging of the present complaint, the petitioner has lodged an F.I.R on the direction of Circle Officer, Khizarsarai against the complainant alleging inter alia that the complainant on affidavit had received paddy crops and put into his custody but when the petitioner went to the community building, the paddy was not found there. Hence, in order to save his skin from the case lodged by the petitioner, this false case has been registered against the petitioner. The petitioner is a government employee and nothing was recovered from the possession of the petitioner.

In the facts and circumstance of the case, let

Patna High Court CR. MISC. No.6673 of 2022(2) dt.03-08-2022 3/3 the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIII, Gaya in connection with Complaint Case No. 1201 of 2013.

(Sunil Kumar Panwar, J) Shageer/- U T