Amerendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10877 of 2023 Arising Out of PS. Case No.-27 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== Amerendra Kumar S/O Bachchu Prasad R/O Village- Dih, Nijamat, P.SBarbigha, District- Sheikhpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 409, 420, 467, 468, 471/34 of the Indian Penal Code.

As per prosecution case, money was withdrawn in the name of dead persons under the MGNREGA Scheme. Petitioner is alleged to have involved in the act.

Learned counsel appearing for the petitioner submits that the defalcated amount of Rs. 89,549/- has already been deposited in the account of contingency fund of MGNREGA by the co-accused Mrityunjay Kumar and other officials on 28.10.2021 (Annexure-2). It is next submitted that similarly situated co-accused persons have already been granted

Patna High Court CR. MISC. No.10877 of 2023(2) dt.15-05-2023 2/2 anticipatory bail by this Hon'ble Court vide order dated 15.12.2022 passed in Cr. Misc. No. 49867 of 2022. Considering the fact that defalcated money has already been deposited, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with Barbigha (Keoti OP) P. S. Case No. 27 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T