Vishwanath Prasad Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56590 of 2021 Arising Out of PS. Case No.-19 Year-2018 Thana- RAIYAM District- Darbhanga ====================================================== Vishwanath Prasad Roy S/O Ramashish Roy R/O Village-Dashahara Majha, Dharhara, P.S And District- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 409, 420, 419, 467, 468, 471, 474, 379, 323, 504/34 of the Indian Penal Code.

The prosecution case, in short, is the accused persons did not perform the work of the road as per specification. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. There was a road to be constructed under the rural

Patna High Court CR. MISC. No.56590 of 2021(2) dt.17-05-2022 2/3 scheme of the government. It is alleged that the said road was not constructed as per the specification. It is further submitted that the petitioner is ready to deposit a sum of Rs. 1,60,000/- ( one lakh sixty thousand) in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, the petitioner is directed to deposit of a sum of Rs. 1,60,000/- (one lakh sixty thousand) in the Court below which shall be subject to final disposal of the cas e.

On doing so, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- V, Darbhanga in connection with Raiyan P.S. Case No. 19/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T

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