Baban Thakur @ Babhan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53737 of 2021 Arising Out of PS. Case No.-186 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== BABAN THAKUR @ BABHAN THAKUR SON OF LATE RAMJANAM THAKUR @ RAMJANM THAKUR R/O VILLAGE- SEMRA HAT (WARD NO.12), P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Turkauliya P.S. Case no. 186 of 2020 instituted for the offence under Sections 409, 188/34 of the Indian Penal Code. Prosecution case relates to defalcation of government money by the petitioner which was provided to him to complete the work under the scheme of Nal-Jal Yojna to which he has not completed.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has completed the entire work which was

Patna High Court CR. MISC. No.53737 of 2021(4) dt.12-07-2022 2/2 allotted to him which is apparent from measurement book, which was prepared by the Junior Engineer of Banjariya Block, East Champaran, which is annexed as Annexure-3 series to the petition.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Turkauliya P.S. Case no. 186 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U