Vinod Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26113 of 2020 Arising Out of PS. Case No.-274 Year-2019 Thana- DESARI District- Vaishali ====================================================== VINOD KUMAR GUPTA Son of Rameshwar Sah Resident of VillageNawanagar, P.S. Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh, Adv For the Opposite Party/s :

Mr.A.G.

====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-10-2020 Heard learned counsel for parties.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable under Sections 406, 409, 420, 467, 468, 471, 474 and 34 of the Indian Penal Code. Allegation against the petitioner who is Panchayat Sachiv is of misappropriation of panchayat fund. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There is no specific allegation against the petitioner. Petitioner took over charge on 21.02.2009 from co-accused namely Raj Kishore Prasad Singh and handed over charge on 03.08.2009 to coaccused namely Avadhesh Kumar and thereby he worked in the

Patna High Court CR. MISC. No.26113 of 2020(2) dt.21-10-2020 2/2 said panchayat for very short period and no irregularities took place during that span. Similarly, situated co-accused persons namely Anil Kumar Thakur and Arun Kumar Singh have been granted anticipatory bail by a co-ordinate bench of this Court vide order dated 22.01.2020 passed in Criminal Miscellaneous No. 85133 of 2019. Another co-acused Subhash Prasad Singh has also been granted anticipatory bail vide order dated 21.09.2020 passed in Criminal Miscellaneous No. 3317 of 2020. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his/her arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/-with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Desari P.S. Case No. 274 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (S. Kumar, J) ranjan/- U