Pranav Das @ Bhikhari Das @ Peshan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 11148 of 2020 Arising Out of PS. Case No.-202 Year-2019 Thana- AMDABAD District- Katihar PRANAV DAS @ BHIKHARI DAS @ PESHAN DAS S/o Anandi Das Resident of Village- Bhagidih, P.S.- Amdabad, Distt- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Amdabad P.S. Case No. 202/2019 registered for the offences punishable under Sections 406/409/34of the Indian Penal Code.

As per the prosecution case, this petitioner along with other co-accused have collected rupees one thousand illegally from the beneficiaries for making payment against the incentive amount of rupees twelve thousand for the purpose of construction of toilets.

Patna High Court CR. MISC. No. 11148 of 2020(4) dt.02-12-2020 2/3 It is submitted on behalf of the petitioner that during the course of inquiry, no beneficiary has come to support that the petitioner has taken an amount of rupees one thousand from the beneficiaries as has been alleged by the informant. It is further submitted that similarly situated co-accused, namely, Munendra Prasad Yadav has already been granted anticipatory bail vide order dated 03.03.2009 passed in Cr. Misc. No. 9009 of 2020. The petitioner is son of the Ward Member and does not hold any post or any position to demand any bribe. It is next submitted that beneficiaries have also denied the allegation by filing affidavit and on the pressure of the local M.L.A, the petitioner has been falsely implicated in this case.

Considering the aforesaid facts and circumstances and also the fact that the petitioner bears a clean antecedent and the other co-accused person has been granted anticipatory bail by this Court in Cr. Misc. No. 9009 of 2020 vide order dated 03.03.2020, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Amdabad P.S. Case No.

Patna High Court CR. MISC. No. 11148 of 2020(4) dt.02-12-2020 3/3 the conditions as laid down under Section 438 (2) of the Cr.P.C. (Prabhat Kumar Singh, J) Saif/- U T