Jageshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30203 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- PALASI District- Araria ====================================================== JAGESHWAR YADAV SON OF MISHRI LAL YADAV @ MIRAJILAL YADAV RESIDENT OF VILLAGE- INARA CHOWK WARD NO. 12, PIPARA BIJWAR KANDHUDIYA, PS- PALASI, DISTT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 409, 201, 120B of the Indian Penal Code.

3. Allegedly, petitioner, along with other accused persons, is said to have misappropriated the government money.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that after lodging the present case, the Block Development Officer,

Patna High Court CR. MISC. No.30203 of 2023(4) dt.31-07-2023 2/3 Palasi had issued notice on 01.02.2023 addressed to the petitioner by which he has ordered the petitioner to deposit Rs. 4,48,200/- of crop damage subsidy in the account of Block bearing account no. 31854473179 SBI Urlaha. He further submits that petitioner is ready to deposit the total amount of Rs. 4,48,200/- within three months in three installments in the said account of Palasi Block, which is also mentioned in para 3 of the Supplementary Affidavit. Petitioner has one criminal antecedent.

5. Having regard to the facts and circumstances of the case, as petitioner is ready to pay deposit the total amount of Rs. 4,48,200/- within three months in three installments, let the above named petitioner, be released on provisional bail for a period of four months, in the event of his 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 Palasi P.S. Case No. 384 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. The provisional bail of the petitioner will be confirmed

Patna High Court CR. MISC. No.30203 of 2023(4) dt.31-07-2023 3/3 by the learned Court below after being satisfied that the petitioner has deposited the total amount of Rs. 4,48,200/- in the said account of Palasi Block.

7. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) divyanshi/- U T