Sanjeev Kumar @ Sanjeev Kumar Pawanchaudah @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19552 of 2024 Arising Out of PS. Case No.-1478 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Sanjeev Kumar @ Sanjeev Kumar Pawanchaudah @ Sanjay Kumar Son of Late Gopal Prasad R/o Mohalla- Gosai Bag, Mir Safayat Road, Near R.S. Factory, P.S.- Kotwali, Dist.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajay Kumar Tarway Son of Late Purnand Tarway R/o Gaya Hardware Mart, Station Road, P.S.- Kotwali, Dist.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyaveer Jha, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, A.P.P.

Dr. Kamal Deo Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 406, 467, 468, 471, 120(B) of the Indian Penal Code.

3. As per the complaint case, after assuming management of Gaya Mahuri Mandal on 01.01.2019, this petitioner in connivance with other accused persons fraudulently embezzled money of the Mandal from its account.

4. Learned counsel for the petitioner denies the prosecution case and submits that as a matter of fact, when the election was held in the year 2019-20, new committee was

Patna High Court CR. MISC. No.19552 of 2024(5) dt.01-07-2024 2/2 formed and this petitioner took charge and started to monitor the account and other revenue matters. When petitioner asked the complainant, who was predecessor of the petitioner, to give assessment to the petitioner, the complainant lodged this false and fabricated case against the petitioner, out of frustration and fear, to save his own skin from the frauds done by him during his tenure. Petitioner claims clean antecedent.

5. Learned counsel for the complainant vehemently opposed the bail application.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let 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 Judicial Magistrate, 1st Class, Gaya in connection with Complaint Case No. 1478 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