Shyamdev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47422 of 2022 Arising Out of PS. Case No.-36 Year-2019 Thana- FULKAHA District- Araria ====================================================== SHYAMDEV PASWAN S/o Sakaldev Paswan R/o village- Bhawanipur, Ward No. 04, P.S.- Fulkaha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 406, 409 and 420/34 of the Indian Penal Code.

As per the prosecution case, the amount of Indira Awas Scheme, which was credited in the name of 13 beneficiaries was fraudulently withdrawn from S.B.I. branch and all the beneficiaries were identified by this petitioner. It is submitted by learned counsel for the petitioner that the said amount has been transferred to the bank account of respective beneficiaries and the bank has certified that the withdrawal was made by respective account-holders. Petitioner has been maliciously roped in this case. No amount was transferred in his account or withdrawn by this petitioner. It is further submitted that F.I.R. has been lodged after a delay of 10 years. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.47422 of 2022(2) dt.08-12-2022 2/2 Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned S.D.J.M., Araria in connection with Falkaha P.S. Case No. 36 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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