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Patna High CourtCR. MISC./26476/2021allowed

Gopesh Kumar v. The State Of Bihar

2022-08-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26476 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- PIPRIYA District- Lakhisarai ====================================================== Gopesh Kumar Son Of Karu Mahto Resident Of Village - Ramchandrapur, P.S.- Pipariya, Dist.- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bhola Mahto Son of Mahadeo Mahto Resident of village - Khawachand Tola, Post - Kiranpur, P.S.- Medinichouki, Dist.- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mira Kumari For the Opposite Party/s :

Mr. Jharkhandi Upadhayay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2022 Learned counsel for the State has filed the supplementary counter affidavit today in the Court. Let it be kept on record.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 409/34 of the Indian Penal Code.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.26476 of 2021(12) dt.22-08-2022 2/2 petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that police during investigation did not find any evidence against the accused for misappropriation of the funds. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State has filed the supplementary counter affidavit in which it is stated that petitioner has completed the work.

Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Pipariya P.S. Case No. 30 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T