Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16146 of 2023 Arising Out of PS. Case No.-101 Year-2021 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== PAWAN KUMAR S/o Narayan Sah Resident of village-Madhawapur, P.S. Madhawapur, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2023 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 420, 409, 487, 471, 34 and 120(B) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the petitioner along with other officials defalcated public money to the tune of Rs. 10,40,50,000/-, it is next alleged that the money was distributed to those whose names were not mentioned in the DPR list thus the beneficiaries never got the amount under the Prime Minister (Urban) Scheme. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.16146 of 2023(2) dt.22-06-2023 2/3 petitioner has been falsely implicated in the present case, it is next submitted that the petitioner is a fourth grade employee and is in no manner entitled to distribute the amount under the scheme to the beneficiaries. It is further submitted that the petitioner has no concern with the implementation of the alleged scheme.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that an Inquiry Committee was instituted and the Inquiry Committee after inquiry came to a considered conclusion about the involvement of the petitioner in the occurrence.

At this stage, the learned counsel for the petitioner submits that the petitioner will not abscond rather will cooperate in the investigation and will present himself as and when required by the Investigating Officer for eliciting the truth. 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 Court below 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 court below where the

Patna High Court CR. MISC. No.16146 of 2023(2) dt.22-06-2023 3/3 case is pending/successor court in connection with Madhubani (Town) P.S. Case No. 101 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. However, in the event if after investigation chargesheet comes to be submitted against the petitioner then in that event the present anticipatory bail order shall lose its effect. (Satyavrat Verma, J) Rishi/- U T