Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38338 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== ANIL CHAUDHARY SON OF DASHRATH CHAUDHARY RESIDENT OF VILLAGE- BARUI, POLICE STATION- SHEIKHPURA, DISTRICTSHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Sheikhpura P.S. Case No.478 of 2022, registered for offences under Sections 419 and 420 of the Indian Penal Code. The allegation is regarding irregularity having been committed by the then Ward Members and Secretary of the Gram Panchayat, Puraina, Block-Sheikhpura, and the petitioner is stated to be the then Secretary of the Puraina Panchayat. It is alleged that as far as Ward No.14 of the said

Patna High Court CR. MISC. No.38338 of 2023(2) dt.28-07-2023 2/3 Panchayat is concerned, electricity meter was not installed on the spot, starter was not installed in the motor and the two water tanks installed at the place in question were damaged.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is not having any complicity in the matter, inasmuch as at the time of installation of the water tanks, the water tanks were in proper shape, however, subsequently, they might have been damaged. It is also submitted that the petitioner is now no longer the Secretary of the Ward in question.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials

Patna High Court CR. MISC. No.38338 of 2023(2) dt.28-07-2023 3/3 available on record as also considering the fact that the petitioner is having a clean antecedent and the offences alleged are not serious in nature, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No.478 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) sonal/- U T