Alok Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26913 of 2023 Arising Out of PS. Case No.-814 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== ALOK PRAKASH SON OF LATE OM PRAKASH SAH Resident of mohalla - Nakulchandra Lane, Mundichak, P.S. - Tilkamanjhi, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code.

The informant alleges that petitioner defalcated an amount of Rs. 50,000/- of Abhimanyu in the name of giving license of equipment of weight and measure along with fertilizer, seeds and pesticides.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that Abhimanyu has not instituted the present FIR, rather, the FIR has been instituted by the informant based

Patna High Court CR. MISC. No.26913 of 2023(2) dt.20-07-2023 2/2 on an information received from Abhimanyu, it is next submitted that it absolutely does not stand to reason that if what has been alleged is true then why Abhimanyu did not institute and FIR which casts an aspersion on the case of the prosecution, it is next submitted that petitioner was a casual employee and thus was not in a position to help Abhimanyu in grant of license. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 Kotwali (Tilkamanjhi) P.S. Case No. 814 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T