Devanand Rakesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51417 of 2021 Arising Out of PS. Case No.-285 Year-2013 Thana- BARACHATTI District- Gaya ====================================================== Devanand Rakesh Son Of Madhav Sharan Resident Of Sarwan Khash, P.SBarachtti, Dist- Gaya At Present Village- Duba, P.S- Gurua, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 409/34 of the Indian Penal Code.

Petitioner is said to have made illegal withdrawal of money from the Government fund.

It is submitted by learned counsel for the petitioner that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that petitioner is the Branch Dakpal in Post Office, Sharma, Barachatti, Gaya. He is not an employee of Government of

Patna High Court CR. MISC. No.51417 of 2021(2) dt.06-05-2022 2/2 Bihar, therefore, he has no any concern with work and payment of MANREGA Scheme. He submits that the similarly situated co-accused has already been granted anticipatory bail by the learned court below. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Considering the facts that petitioner is the Central Government employee and similarly situated co-accused has already been granted bail, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barachatti P.S. Case No. 285 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T