Lalan Prasad Yadav @ Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14102 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- MANPUR District- West Champaran ====================================================== Lalan Prasad Yadav @ Lalan Yadav Son Of Late Ganga Prasad Yadav R/VKamlanagar (Chauhatta), P.S.- Manpur, Dist- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 409 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner is that he has defalcated the government fund meant for students in between 2013-2016.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Earlier, the petitioner had filed a writ petition before the Hon'ble High Court for removal of government encroached land and same were removed but due to which he has

Patna High Court CR. MISC. No.14102 of 2023(8) dt.31-07-2023 2/2 falsely been implicated in this case. During course of investigation, which has come that at least defalcated amount is Rs. 1700/- which has come in the light of report vide Annexure-E(series). It is further submitted that the petitioner is languishing in judicial custody since 05.09.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manpur P.S. Case No. 89 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class,Bettiah, West Champaran. (Sunil Kumar Panwar, J) Manishkumar/- U T