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Patna High CourtCR. MISC./15959/2024disposed

Bhola Paswan v. The State Of Bihar

2024-04-19Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15959 of 2024 Arising Out of PS. Case No.-73 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== Bhola Paswan son of Late Negar Paswan Village- Chikna Ps- Ghoghardiha Dist- Madhubani, P/A- Ward Chairman W.No-5, Under Gram Panchayat Rarj Chikna Under Block Ghoghardiha Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ghoghardihar P.S. Case No. 73 of 2023 registered on 03.05.2023 under Sections 409/420/34 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against 20 named accused persons including the petitioner against whom there is an allegation of defalcation of Government money.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 06.11.2023 having no criminal case pending against him, in which he is on bail. He further submits that the

Patna High Court CR. MISC. No.15959 of 2024(3) dt.19-04-2024 2/3 work has already been completed, and therefore, they may be granted bail.

5. Learned counsel for the State opposes the prayer for bail and submits that provisional bail may be granted to the petitioner and trial Court shall be directed to confirm the bail bond of the petitioner after production of completion certificate from the competent authority.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted provisional bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani in connection with Ghoghardihar P.S. Case No. 73 of 2023, subject to the conditions that the petitioner shall produce the completion certificate from the competent authority within 90 days from the date of release and upon production, trial Court shall confirm the bail bond of the petitioner as well as the conditions laid down under Section 437 (3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U

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