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Patna High CourtCR. MISC./40447/2020bail granted

Sanjay Kumar v. The State Of Bihar

2021-03-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40447 of 2020 Arising Out of PS. Case No.-24 Year-2020 Thana- BARGAINIA District- Sitamarhi ====================================================== SANJAY KUMAR Son of Late Ram Nandan Prasad Resident of VillagePakari Basantpur, P.S.- Riga, District- Sitamarhi, at present residence of Mohalla- Dumra Ward No. 5, P.S.- Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Bairgania Police Station Case No. 24 of 2020, registered for the offence punishable under Sections 409/420 of the Indian Penal Code The allegation, as per the First Information Report, is that the petitioner was suspended for certain irregularities committed in course of discharge of his official duty as Revenue Clerk and for the last one year, he did not hand over the charge of Revenue Register-II, causing hindrance in the official work. Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case with oblique motive. He further submits

Patna High Court CR. MISC. No.40447 of 2020(2) dt.04-03-2021 2/2 that the petitioner was suffering from some disease and for treatment of the same, he was at Delhi, due to which he could not hand over the Revenue Register-II. However, referring to Annexure 3, he submits that on 08.02.2020, the petitioner has handed over the Revenue Register-II and other registers/files to the concerned authority. He next submits that the petitioner is in custody since 31.08.2020.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 31.08.2020 and he has already handed over the registers/files to the concerned officer, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Bairgania Police Station Case No. 24 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √