Nand Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41216 of 2024 Arising Out of PS. Case No.-13 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== Nand Kishore Prasad Son of Santlal Prasad Resident of Mohalla - Ambika Nagar, P.S.- Motihari Town, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Pandey For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 420/34 of the Indian Penal Code.

3. Allegation against petitioner is that he alongwith other co-accused persons embezzled the public money, which was allotted under 'Nal Jal Yojna'.

4. Learned counsel for the petitioner submits that as a matter of fact, informant, who is ward member of ward no. 11, in order to save her own skin, lodged this false and concocted case. Petitioner is proprietor of Ganpati Traders and he has already supplied all the articles of the money, which was paid to him. Moreover, the work has already been completed and to this effect, informant has already filed a petition in the Court of

Patna High Court CR. MISC. No.41216 of 2024(2) dt.13-09-2024 2/2 learned A.C.J.M., Sikrahana (East Champaran), kept at Annexure P2 to this bail petition. Similarly situated co-accused has already been granted anticipatory bail by this Court, vide order dated 01.11.2022 passed in Cr.Misc. No. 35585 of 2022. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged 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 S.D.J.M., Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 13 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T