Prabhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47674 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== PRABHU PRASAD S/o- Late Astanand Prasad Resident of Village - Sathaura, P.S. - Jitna, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 420/34 and other ancillary sections of the Indian Penal Code.

Learned counsel for the petitioner submits that the alleged irregularities as well as misappropriation of public money from the Government Exchequer has been made in connection with Ward No. 11 of Gram Panchayat Raj, Jhajhara. However, this petitioner is a Ward Member of Ward No. 12 and, in fact, no money was paid to him by the informant. It is further submitted that the informant herself is responsible for nonperformance of work and has committed embezzlement of the Government money and to save her skin she has filed this false

Patna High Court CR. MISC. No.47674 of 2021(3) dt.14-07-2022 2/2 case.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate III, Sikrahana at Dhaka, East Champaran in Ghorasahan Jitna Police Station Case No. 13/2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure on the condition that Petitioner would deposit Rs. One lac in the court below within eight weeks from today, subject to the final result of the case.

If the petitioner fulfils this condition within the said time period, the provisional bail would be confirmed by the Court below itself, failing which the Court below shall cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) shashi/- U T