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Patna High CourtCR. MISC./44149/2022allowed

Santosh Thakur v. The State Of Bihar

2023-02-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44149 of 2022 Arising Out of PS. Case No.-55 Year-2022 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Santosh Thakur Son Of Late Sunder Thakur Resident Of VillageMahinathpur Samiya, P.S.- Bhairabsthan, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 420, 406, 409 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other co-accused persons had defalcated the Government money in the name of several schemes and for development purpose. It is also alleged that co-accused persons had appointed the petitioner as agent, which is against the rule.

Patna High Court CR. MISC. No.44149 of 2022(5) dt.02-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that the Sub Divisional Officer, after thorough physical verification of Yojna of Gram Panchayat Raj Mahinathpur sent a report to the Collector, Madhubani that work of the concerned Yojna has been found completed and correct. Moreover. petitioner is languishing in judicial custody since14.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhairabsthan P.S. Case No. 55 of 2022 on

Patna High Court CR. MISC. No.44149 of 2022(5) dt.02-02-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st, Jhanjharpur, Madhubani.

(Sunil Kumar Panwar, J) nirajkrs/- U T