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Patna High CourtCR. MISC./31425/2022allowed

Subodh Kumar v. The State Of Bihar

2022-12-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31425 of 2022 Arising Out of PS. Case No.-111 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

SUBODH KUMAR SON OF ABHIRAM SINGH Resident of VillageGodiha, P.S.-Hulasganj, District-Jehanabad (Bihar). 2.

Arvind Kumar Son of Late Chandeshwar Singh Resident of VillageEkwalganj Nisarpura, P.S.-Rani Talab, District-Patna (Bihar) 3.

Deo Nandan Prasad Son of Late Yadunandan Prasad Resident of MohallaEast Bhikha Chak, P.S.-Gardanibagh, Dsitrict-Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Giri, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

For the O.P. No.2 : Mr. Ranjay Kumar, Adv. Mr. Kumar Binode Bariar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in a case registered for offence punishable u/s 420, 120 (B), 467, 468, 471of the IPC. Petitioners happens to be Amin, Head Clerk and Clerk of the Land Acquisition Deprtment and allegation against them as per the prosecution case is that though land for which the compensation has been paid was in the name of the informant. These petitioners in collusion with other accused persons including one Devanti Devi has got compensation made to

Patna High Court CR. MISC. No.31425 of 2022(3) dt.05-12-2022 2/3 Devanti Devi.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. For the same offence earlier a case was filed against the petitioner no.1 by the complainant in the court below. In this case, the petitioners have been granted anticipatory bail by the coordinate Bench of this court in Criminal Miscellaneous No. 65672 of 2019 dated 10.01.2020. The cognizance has been taken against accused persons on 16.02.2019. Petitioner no.1 was Amin in the Land Acquisition Office, Patna, petitioner no.2 was the Head Clerk and petitioner no.3 is the office clerk and they have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injury is simple in nature, let the above named petitioner, be released on bail, 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

Patna High Court CR. MISC. No.31425 of 2022(3) dt.05-12-2022 3/3 the case is pending/Successor Court in connection with Complaint Case No. 111 (C)/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T