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Patna High CourtCR. MISC./22246/2024allowed

Kashi Nath Choudhary v. The State Of Bihar

2024-04-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22246 of 2024 Arising Out of PS. Case No.-183 Year-2022 Thana- BARAHAT District- Banka ====================================================== KASHI NATH CHOUDHARY S/O- SATISH CHANDRA CHOUDHARY R/O- VILLAGE- KHARHARA, P.S.- BARAHAT, DIST.- BANKA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 406 and 409 of the Indian Penal Code.

3. As per the FIR, the petitioner in connivance with other co-accused persons embezzled Government money.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner was Mukhiya of Karhara Panchayat at the relevant point of time. There is no specific overt act against him. He further submits that similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated

Patna High Court CR. MISC. No.22246 of 2024(2) dt.04-04-2024 2/2 05.05.2023 passed in Cr. Misc. No.65675 of 2022. Petitioner has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, 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 Barahat P.S. Case No.183 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T