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Patna High CourtCR. MISC./20834/2022allowed

Shyambabu Rai @ Shyam Babu Rai v. The State Of Bihar

2022-09-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20834 of 2022 Arising Out of PS. Case No.-592 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== Shyambabu Rai @ Shyam Babu Rai Son Of Late Sitaram Rai Resident of village - Dudhaila, P.S.- Sonepur, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Binod Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 406 and 120(B) of the Indian Penal Code. The allegation against the petitioner is that he had taken compensation amount from the government in the execution proceedings on the basis of fake documents and it is alleged that the land in question did not belong to the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner is already facing a certificate proceeding for recovery of the amount in question which is alleged to have been incorrectly withdrawn by the petitioner by

Patna High Court CR. MISC. No.20834 of 2022(2) dt.26-09-2022 2/2 way of compensation amount. He further submits that similarly situated co-accused has already been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 9059 of 2020 vide Annexure-2 to this petition. Petitioner has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Chapra Town P.S. Case No. 592 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U