Brajesh Kumar @Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24795 of 2023 Arising Out of PS. Case No.-647 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== BRAJESH KUMAR @RAHUL SINGH S/O- BIKRAMA SINGH R/oMahuli, P.s- Kargahar, Distt.- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Renu Devi W/o- Rajesh Chaudhry R/o- Malhiya, P.o- Durgadih, P.s.- Bikramganj, Distt.- Rohtas at Sasaram ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyam Bihari Singh, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 323 and 504 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a contractor and the complainant alleges that petitioner took Rs. 3,70,000/- under Nal Jal Yojna, but did not complete the work and thus misappropriated the public money.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.24795 of 2023(2) dt.19-07-2023 2/2 next submitted that it is not the case of the prosecution that the work was not done, rather allegation is that the work was not completed when the petitioner asserts and submits that the work was done and his payment was due and when he demanded his payment, the present false case came to be instituted by way of a complaint.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 trial court 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 trial court where the case is pending/successor court in connection with Complaint Case No. 647 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T