Krishna Ballabh Prasad @ Krishnaballav Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31491 of 2025 Arising Out of PS. Case No.-310 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== Krishna Ballabh Prasad @ Krishnaballav Prasad S/o Late Mahavir Prasad R/o Village- Nimthu, P.S.- Nimchak Bathani, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan, Advocate For the State :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Belaganj P.S. Case No. 310 of 2024, dated 25.05.2024, registered for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.
3. As per allegation, the petitioner has not handed over the documents at the time of handing over the charge after retirement. There is specific allegation against the petitioner that he did not hand over the birth-death register of the year 201617. However, it was informed by the petitioner that he has not misappropriated that register, which could be found in the Panchayat office of Bajitpur and as per the complaint itself, that register was found in that office.
Patna High Court CR. MISC. No.31491 of 2025(2) dt.15-05-2025 2/3
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the complaint is nothing but intended only to harass the retired employee. There is no specific allegation of misappropriation of any register or documents and even the specifically alleged document has been found by the informant in the Bajitpur Panchayat office. He further submits that no document or register or anything has been retained by the accused-petitioner after retirement.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Patna High Court CR. MISC. No.31491 of 2025(2) dt.15-05-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Belaganj P.S. Case No. 310 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T