Lal Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16963 of 2022 Arising Out of PS. Case No.-283 Year-2021 Thana- GOGRI District- Khagaria ====================================================== LAL MOHAN YADAV Son of Late Tanuki Yadav Resident of Village - Purani Paura, P.S.- Gogari (Paura O.P.), District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Learned APP for the State has filed a counter-affidavit in this case. The same is taken and kept on record. The petitioner apprehends his arrest in a case in connection with Gogari (Paura) P.S. Case No.283 of 2021, registered for the offence punishable u/s 409 and 420 IPC. The allegation against the petitioner is that he along with others has misappropriated Government money allotted for execution of work related to Mukhya Mantri Gramin Gali-Nali Pakki-karan Nischay Yojna.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.16963 of 2022(4) dt.18-10-2022 2/2 has been falsely implicated in this case. No such occurrence as alleged ever taken place. Petitioner is ward Secretary of Ward No.-6 and along with Ward member of Ward No.-6 has jointly completed all the work as per estimate. He has not committed any defalcation of Government fund. Petitioner has no criminal antecedent.

Learned counsel for the State opposed the prayer for bail by submitting that neither the work has been done till date nor the sanctioned money has been returned, which was given in the year 2019 itself. In support of his contention, he has enclosed the documents at Annexure-A.

Considering that there is misappropriation of huge Government fund, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

Accordingly, the instant anticipatory bail application is dismissed.

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