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Patna High CourtCR. MISC./18484/2023allowed

Rakesh Kumar Raushan @ Rakesh Singh Raushan v. The State Of Bihar

2023-06-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18484 of 2023 Arising Out of PS. Case No.-21 Year-2022 Thana- SUIYA District- Banka ====================================================== Rakesh Kumar Raushan @ Rakesh Singh Raushan Son Of Late Jawahar Prasad Singh R/V- Khariya P.S- Bariyarpur, Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 408, 409, 420 of the Indian Penal Code.

The allegation against the petitioner is that he being the Junior Engineer of Chandan Block, at the time of alleged occurrence, in collusion with other officials defalcated Rs. 9,94,667/- allotted for construction of village PCC road. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner was Junior Engineer in Chandan Block under Banka district under MANREGA Scheme and after a few months he was transferred from Chandan Block to Belhar Block. Similarly situated co-

Patna High Court CR. MISC. No.18484 of 2023(4) dt.26-06-2023 2/2 accused has been enlarged on bail by this Court vide order dated 24.03.2023 passed in Cr. Misc. No. 74070 of 2022 and other coaccused persons have been enlarged on bail by this Court and coordinate bench of this Court, copy of anticipatory bail orders of co-accused persons are annexed as Annexure-4 series to the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Suiya P.S. Case No. 21 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T