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Patna High CourtCR. MISC./47723/2024bail granted

Surendra Singh @ Suren Singh v. The State Of Bihar

2024-08-30Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47723 of 2024 Arising Out of PS. Case No.-592 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== Surendra Singh @ Suren Singh S/o Late Rudal Singh R/o village- Dudhaila Gachhi, P.O. and P.S. - Sonepur, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Nath Ojha, Advocate For the Opposite Party/s :

Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2024 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The present petition has been filed by the petitioner for grant of anticipatory bail in connection with Chapra Town P.S. Case No. 592 of 2018, registered for the offences punishable under Sections 420, 467, 468, 471, 406 and 120(B) of the Indian Penal Code.

3.

The allegation is regarding the petitioner having taken compensation amount from the State Government in lieu of acquisition of land in question which in fact does not belong to him. 4.

The learned counsel for the petitioner has submitted that the petitioner is innocent and

Patna High Court CR. MISC. No.47723 of 2024(3) dt.30-08-2024 2/3 he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that there is not even a chit of paper on record to show that the petitioner has received a single penny in his account, hence the petitioner is having no complicity in the matter.

5.

Per contra, the learned A.P.P. for the State submits that though the witnesses have supported the case of the prosecution, however, no report of any State Government official is on record to show that the petitioner has illegally obtained compensation amount and that the same has been deposited in his account.

6.

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 available on record, this Court finds that prima facie there is minuscule evidence on record of the case as also in the case diary to connect the petitioner with the allegation levelled in the FIR, hence I deem it fit and proper to admit the

Patna High Court CR. MISC. No.47723 of 2024(3) dt.30-08-2024 3/3 petitioner to the privilege of anticipatory bail. 7.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No. 592 of 2018, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T