Anup Sinha @ Anup Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 20628 of 2023 Arising Out of PS. Case No.-520 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== ANUP SINHA @ ANUP KUMAR S/O Binod Kumar Sinha Resident of Mohalla- Ambedkar Panch Angnama, P.O- Bihar Sharif, P.S- Bihar Sharif, District- Nalanda. At present posted as Lekha Pal Manrega, Katri Sarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Rajeev Kumar, Advocate For the Opposite Party/s :

Mr Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and the learned APP.

2 The petitioner apprehends arrest in Giriyak Katrisarai PS Case No 520 of 2022 registered for the offence punishable under Sections 406, 420, 409 of Indian Penal Code. 3 As per the prosecution case, the petitioner along with other accused persons committed grave financial irregularities in the implementation of renovation of Marari Pond in village - Chachubigha in the district of Nalanda under Azadi ka Amrit Mahotsav Scheme.

4 Learned counsel for the petitioner submits that the petitioner was simply an Accountant and his duty is only to pass the amount and the second signatory who made payment to

Patna High Court CR. MISC. No.20628 of 2023(6) dt.17-08-2023 2/2 contractor and other person is Programme Officer and petitioner is not authorized to make any inspection. During pendency of the case, the petitioner has already been dismissed from service on 19th September, 2022. Similarly situated co-accused Parmanand Kumar Savita has already been granted anticipatory bail by a coordinate Bench of this Court vide Cr Misc No 17794 of 2023 by order dated 25.05.2023 (Annexure 4 to the supplementary affdavit).

5 Learned APP has vehemently opposed the prayer for anticipatory bail.

6 Considering the rival submissions, in the event of arrest/surrender within a period of six weeks from today, the petitioner above named be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda in Giriyak Katri Sarai PS Case No 520 of 2022 dated 07.10.2022 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) M.E.H./- U T