Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10062 of 2025 Arising Out of PS. Case No.-997 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Arun Kumar, S/O Sugan Paswan, R/O Village- Nagwan, P.O.- Nagwan, P.S. -Naubatpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Ara Town P.S. Case No. 997 of 2022 dated 02.12.2022 instituted for the offence punishable under Sections 409, 420, 467, 471 of the Indian Penal Code.

3. The prosecution case, in short, is that an enquiry was conducted with regard to work done by the Municipal Corporation in which it was found that there are discrepancies in the work done by the Contractor. In the context of irregularities, the report was submitted by the Inquiry Committee constituted by District Magistrate, Bhojpur, which found irregularities in the schemes and as per the directions of the District Magistrate, F.I.R. was lodged.

Patna High Court CR. MISC. No.10062 of 2025(2) dt.28-02-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is a Junior Engineer. There is no specific allegation against the petitioner rather the allegation against him is false. Learned counsel for the petitioner further submits that there is no inquiry report which shows what amount has been defalcated by the petitioner and other accused persons. Similarly situated co-accused persons, who are Assistant Engineer, Executive Engineer and Contractor have been granted bail vide Annexure-2 series passed by this Court as well as co-ordinate Bench of this Court. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Ara Town P.S. Case No. 997 of 2022, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief

Patna High Court CR. MISC. No.10062 of 2025(2) dt.28-02-2025 3/3 Judicial Magistrate, Ara subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T