Shambhu Prasad Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20190 of 2024 Arising Out of PS. Case No.-341 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Shambhu Prasad Sharma Son of Bhuneshwar Sharma Resident of VillageChandrashali, Police Station-Khaira, District-Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Adv For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Khaira P.S Case No. 341 of 2018 dated 25.08.2018 registered for the offence punishable u/s 420, 406, 409, 120B and 34 of the Indian Penal Code.
3. As per the prosecution case, the complaint was made by one Ranjit Kumar before Lok Sikayat Nivaran Padadhikari with regard to the irregularities committed in allotment of houses under Pradhan Mantri Awas Yojna and during the course of investigation it has been reported that the petitioner and the co-accused persons are alleged to have committed irregularities in order to extend the benefit of
Patna High Court CR. MISC. No.20190 of 2024(2) dt.15-04-2024 2/3 Pradhan Mantri Awas Yojna to the undeserving candidate.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has no contribution in the allotment of house under Pradhan Mantri Awas Yojna. It is further submitted that under the said scheme, the work of allotment of money and allotment of houses is done by the B.D.Os. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Jamui, in connection with Khaira P.S Case No. 341 of 2018, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:- (i) The petitioner is directed to remain physically present before the
Patna High Court CR. MISC. No.20190 of 2024(2) dt.15-04-2024 3/3 learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) jyoti/- U T