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Patna High CourtCR. MISC./48067/2023bail granted

Shamesher Bahadur Singh v. The State Of Bihar

2023-08-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48067 of 2023 Arising Out of PS. Case No.-152 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== SHAMESHER BAHADUR SINGH S/O UGRESH SINGH R/O VILLAGEMOHANPUR KARJA, PS. BARHARA, DIST. BHOJPUR AT ARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 406, 409, 419, 420, 467, 468, 120B/ 34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner along with other accused persons embezzled the amount of flood relied fund.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that there is a long process for release of relief fund and petitioner is only a Data Entry Operator whose work is to enter the data given to him. Moreover, the petitioner's mobile No. is not registered with the NIC as such he cannot login through his mobile at the relevant

Patna High Court CR. MISC. No.48067 of 2023(2) dt.22-08-2023 2/2 time. Selection and preparation of list of beneficiaries is to be done by the Circle Officer and petitioner has no role and, thus, he cannot be held responsible for the alleged offence. Petitioner has got clean antecedent.

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

6. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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, Bhojpur, Ara in connection with Barhara PS case No. 152/ 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C.

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