Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58860 of 2017 Arising Out of PS.Case No. -433 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Kamlesh Yadav, son of Late Kedar Yadav, resident of village- Pokhariya Rai (Lachhu Chhapar), Police Station- Chanpatiya, District- West Champaran (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the State : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bettiah Mufassil P.S. Case No.433 of 2016 registered under Sections 406, 409, 420, 467, 468, 471 and 120B of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that similarly circumstanced six other co-accused persons, namely, Umesh Kumar Rao, Bhutti Yadav, Ram Bihari Sah, Gagandeo Prasad Yadav, Manoj Kumar and Harendra Rao have aleady been granted anticipatory bail by a Bench of this Court vide order dated 06.04.2017 passed in Cr.Misc. No.14764 of 2017. He submitted

Patna High Court Cr.Misc. No.58860 of 2017 (2) dt.13-12-2017 2/2 that there is no truth behind the allegation that the petitioner received Rs.45,000/- in excess to the subsidy amount to which he was entitled to.

On the other hand, learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. He submitted that other co-accused persons were granted pre-arrest bail by this Court with a condition that they would refund the alleged subsidy amount taken by them within three months. Be that as it may, regard being had to the nature of allegation and the amount involved in the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Mufassil P.S. Case No.433 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T