Shiv Shankar Singh @ Shiv Shankar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33882 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- KARAKAT District- Rohtas ====================================================== SHIV SHANKAR SINGH @ SHIV SHANKAR KUMAR SINGH S/o Late Lal Bahadur Singh R/o village- Ahan, Ward No. 2, P.S.- Karakat, DistrictRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The informant alleges that accused persons including the petitioner misappropriated Rs. 11,03,477/- as they did not complete the work under Nal Jal Yojna. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case being member of the ward, it is next submitted that the work has almost been

Patna High Court CR. MISC. No.33882 of 2022(2) dt.28-11-2022 2/3 completed, it is further submitted that from perusal of the allegation as alleged in the FIR it would manifest that the Junior Engineer submitted his report on 18.01.2020 based on which the present FIR came to be instituted on 07.06.2021 and the report of the Junior Engineer was handed over to the police on 02.06.2021. Learned counsel thus submits that it absolutely does not stand to reason that when the Junior Engineer had submitted his report on 18.01.2020, why the same was given to the police by the informant on 02.06.2021 and even five days thereafter the FIR came to be instituted, it is thus submitted that in between much water had flown and the work has mostly been completed.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.33882 of 2022(2) dt.28-11-2022 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Karakat P.S. Case No. 98 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T