Krishna Kumar @ Munna Sharma @ Krishna Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18202 of 2023 Arising Out of PS. Case No.-219 Year-2022 Thana- MEHANDIA District- Jehanabad ====================================================== KRISHNA KUMAR @ MUNNA SHARMA @ KRISHNA KUMAR SHARMA S/O Late Ramjee Sharma S/O Late Ramjee Sharma, Ex- Mukhia Gram Panchayat Raj, Sohsa, P.S- Mehandia, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate Mr. Ajay Kumar Thakur, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2023 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 341, 323, 353, 427, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that the informant alleges that petitioner being Ex-Mukhiya intercepted the informant and threatened to submit a false report with regard to construction of houses under Indira Awas Yojana which were incomplete, by recording that the construction of the houses have been completed so that payment under the Indira Awas Yojana is released, it is further alleged that he also tore the

Patna High Court CR. MISC. No.18202 of 2023(3) dt.23-06-2023 2/3 register and thus created obstruction in discharge of official duties. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case it is next submitted that the money under Indira Awas Yojana is released in favour of the beneficiaries as such, the petitioner would not have benefited by getting a false report recorded by the informant in favour of the beneficiaries, it is next submitted that since the informant was demanding money from the beneficiaries for submitting a report which was objected by the petitioner and thus the present false case came to be instituted. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits petitioner is the Ex-Mukhiya and there is allegation against him of threatening an official and thus creating obstruction in discharge of official duties. It is next submitted that petitioner has antecedent of three cases and one case is instituted under Section 376/511 of the IPC.

The learned counsel for the petitioner rebuts the submission and submits that petitioner was acquitted in two cases and only one case under Arms Act read with other sections of the IPC is pending. It is next submitted that the petitioner will not abscond rather will cooperate in the investigation and will

Patna High Court CR. MISC. No.18202 of 2023(3) dt.23-06-2023 3/3 present himself as and when required by the Investigating Officer.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mehandia P.S. Case No. 219 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T