Patna High CourtCR. MISC./11648/2022bail granted

Premchandra Prasad @ Premchandra Kushwaha v. The State Of Bihar

2023-03-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11648 of 2022 Arising Out of PS. Case No.-469 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== PREMCHANDRA PRASAD @ PREMCHANDRA KUSHWAHA SON OF LATE TAPESHWAR PRASAD R/O MOHALLA- NAYA ROAD WARD NO.23, P.S.- RAXAUL, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 406, 409/34 of the IPC. As per the prosecution case, pursuant to order of the District Magistrate, East Champaran, Motihari, dated 25.11.2021 present FIR was registered against all the named accused persons, including these petitioners, that they committed irregularity in purchasing the land for slaughter house and caused huge loss to the Government exchequer. It is submitted that at the relevant time petitioner was ward councilor and the land in question was purchased by Empowered Standing Committee which was ratified by the

Patna High Court CR. MISC. No.11648 of 2022(4) dt.27-03-2023 2/2 General Body of the Nagar Parishad and petitioner was nowhere involved in the alleged transaction. It is further submitted that similarly situated co-accused Raj Kishore Prasad, Kashinath Prasad and Gayatri Devi in Cr. Misc No. 17114 of 2022, Cr. Misc no. 17635 of 2022 and Cr. Misc No. 19568 of 2022 have already been granted bail by this hon'ble court vide order dated 29.11.2022.

Considering the same, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Raxaul P.S. Case No. 469 of 2021 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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