Patna High CourtCR. MISC./29326/2019disposed

Amit Kumar v. The State Of Bihar

2019-07-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29326 of 2019 Arising Out of PS. Case No.-403 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== AMIT KUMAR, aged about 42 years, male, Son of Sri Arjun Singh Resident of Village - Sabdalpur, P.S.- Makhdumpur, Distt - Jehanabad. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jogendra Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 409, 419, 420, 421, 423, 468, 471, 120B of the Indian Penal Code registered in connection with Makhdumpur P.S. Case No. 403 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation that the Gramin Awash Sahayak along with the petitioner demanded Rs. 15,000/- for handing over the benefit of Gramin Awash Yojna to Nasima Khatoon, who was a name sake of the informant's deceased mother, the latter being entitled to such benefits during her lifetime. It is submitted that except suspicion, there is no objective material to connect the petitioner with the alleged occurrence. In any event the

Patna High Court CR. MISC. No.29326 of 2019(3) dt.25-07-2019 2/2 petitioner is not a Government employee nor in any way connected with the alleged occurrence. The Gramin Awash Sahayak in question has been granted anticipatory bail by this Court by order dated 16.04.2019 in Cr. Misc. No. 18396 of 2019. From the said order, it transpires that an amount of Rs. 15,000/- has since been deposited by Nasima Khatoon. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 03.05.2019 pending in the Court of Sub-Divisional Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 403 of 2018 is hereby confirmed.

(Vikash Jain, J) Ibrar/BT U T