Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40095 of 2021 Arising Out of PS. Case No.-51 Year-2020 Thana- GURARU District- Gaya ====================================================== SANJAY KUMAR S/o Sheo Paswan Resident of Village - Mahimapur, P.S. - Guraru, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2022 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 409, 420, 467 and 468 of the Indian Penal Code.

As per prosecution case is that though a cheque of Rs. 80,000/- only was issued towards execution of a project of the Government under the name of Nal Jal Yojana but fraudulently, interpolation was made in the cheque and an amount of Rs.8 lakhs was withdrawn and that amount was credited in the bank account of the firm and the work has not been executed. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner has not been apprehended at the

Patna High Court CR. MISC. No.40095 of 2021(3) dt.23-03-2022 2/2 spot. He further submits that from the enquiry report of the Junior Engineer, Guraru, Gaya that work has almost been completed which is apparent from Annexure-2 to this petition. He further submits that similarly situated co-accused has been granted anticipatory bail passed in Cr. Misc. No. 3992 of 2021 by another Bench of this Court. Petitioner has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Guraru P.S. Case No. 51 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T