Arjun Prasad Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41482 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== Arjun Prasad Ray Son Of Late Ram Lakhan Rai Resident Of VillageRajbara, Police Station- Tajpur, District- Samastipur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 187/34, 353, 409 of the Indian Penal Code.

The allegation against the petitioner and other coaccused persons is that they misappropriated the fund in selling and purchasing of Paddy crops.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in

Patna High Court CR. MISC. No.41482 of 2021(9) dt.02-03-2023 2/3 F.I.R and his name sprang up during investigation of this case. It is also submitted that petitioner is only president of Chak Pahar PACS and he has no role in the commission of embezzlement of Government money and money has not been entrusted to the petitioner, even the petitioner would not be liable for any breach of agreement. It is further submitted that the petitioner has also filed a complaint case against co-accused Rupak Kumar Singh for misappropriation of the said amount. Moreover, the petitioner is languishing in judicial custody since 25.05.2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused person has been granted Bail vide order dated 16.11.2022, passed in Cr. Misc. No. 60145 of 2022 by the co-ordinate Bench of this Court.

Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the

Patna High Court CR. MISC. No.41482 of 2021(9) dt.02-03-2023 3/3 case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Tajpur P.S. Case No. 17 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Samastipur.

(Sunil Kumar Panwar, J) nirajkrs/- U T