Prabhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13777 of 2020 Arising Out of PS. Case No.-376 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== PRABHASH KUMAR S/o Chotelal Rajak Resident of Village- Rupani, P.S.- Chautham, Distt- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 406, 409, 420/34 of the Indian Penal Code.

Allegation against the petitioner is of cheating and criminal breach of trust of public money along with other coaccused in execution of public work. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is said to be the Junior Engineer. The part of the fund for the work order was only released and

Patna High Court CR. MISC. No.13777 of 2020(3) dt.08-02-2021 2/2 the work was completed. It is further submitted that the petitioner is ready to deposit an amount of Rs.50,000/- (Fifty thousand) in the court below, which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs.50,000/- (Fifty thousand) in the court below, which shall be subject to the final disposal of the case. On doing so, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Khagaria in connection with Parbatta P.S. case No.376 of 2019 (G.R. No.2777 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T