Subhash Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44324 of 2022 Arising Out of PS. Case No.-189 Year-2021 Thana- GOVINDGANJ District- East Champaran ====================================================== Subhash Kumar Rai, Son of Gauri Rai, Resident of Village - Chatia, P.S.- Malahi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Tiwari For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-03-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 468, 420 and other allied sections of Indian Penal Code.

As per prosecution case, all the F.I.R. named accused persons including this petitioner obtained benefit of crop insurance on the basis of forged Land Possession Certificate in the year 2015-16.

Learned counsel appearing for the petitioner submits that the petitioner is not a beneficiary of the alleged forged transaction. He has been made accused in this case only on the basis of suspicion because he was Chairman of the Primary

Patna High Court CR. MISC. No.44324 of 2022(4) dt.13-03-2023 2/2 Agriculture Credit Society in question. It is next submitted that all the other accused persons who were beneficiaries of the alleged transaction have been granted bail after payment of lump sum amount which were transferred in their respective accounts. Not a single penny has been received in the account of this petitioner from the alleged transaction and he is mere a victim in this case and has played no role. Petitioner claims clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in Gobindganj (Malahi) P. S. Case No. 189 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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