Braj Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38857 of 2023 Arising Out of PS. Case No.-345 Year-2022 Thana- KURTHA District- Jehanabad ====================================================== 1.

BRAJ KISHORE SINGH Son of Ramanand Yadav Resident of Village - Rapura, P.O.- Khatangi, P.S.- Kurtha, District - Arwal. 2.

Bameshwar Prasad Singh @ Bameshwar Prasad Son of Ramanand Yadav Resident of Village - Rapura, P.O.- Khatangi, P.S.- Kurtha, District - Arwal. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ashok Kumar Sinha, Advocate For the Opposite Party :

Mr.Umesh Lal Verma, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2023 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in connection with Kurtha (Manikpur O.P.) P.S. Case No. 345 of 2022 dated 12.12.2022 instituted under Sections 409, 323, 419, 420, 467, 468, 471, 504 and 506/34 of the Indian Penal Code.

3. As per the prosecution case, co-accused Daulti Devi, who was Sarpanch at the relevant time, with the aid of these petitioners, misappropriated remuneration amount of Rs. 30,000/- of the complainant/ informant in the year 2010 for which he had made complaint to S.D.O., Arwal on 03.06.2017.

4. Learned counsel appearing for the petitioners submits that petitioner no. 1 is husband of said co-accused Daulti Devi and petitioner no.2 elder brother of petitioner no.1. Petitioners denies the allegation and submit that due to ulterior motive and village politics, they have falsely been implicated in this case. Co-accused Daulti Devi, who was Sarpanch at the relevant time, has already been allowed pre-arrest bail by a coordinate bench of this Court vide order passed in Cr.Mis.No.

Patna High Court CR. MISC. No.38857 of 2023(4) dt.21-09-2023 2/2 39440/2023. Petitioners have got no criminal antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let both the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Arwal in Kurtha (Manikpur OP) Police Station Case No. 345 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T