Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50206 of 2022 Arising Out of PS. Case No.-382 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Shankar Yadav Son Of Rangari Yadav Resident Of Village - Javahi Diyar, P.S.- Brahampur, District - Buxar.

2.

Sampat Jaiswal Son Of Bharat Jaiswal Resident Of Village - Javahi Diyar, P.S.- Brahampur, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Gupta For the Opposite Party/s :

Mr. H.A. Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 At the outset, learned APP submits that he has already filed the report of Nal Jal Yojana of Ward No. 5, Gram Panchayat Jabahi Diar, Block-Chakki, District-Buxar. The office is directed to place the aforesaid report on record.

Heard learned counsel for the parties.

Learned counsel for the petitioners undertakes to remove the defects, if any, within three weeks. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 406, 409 of the Indian Penal Code.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.50206 of 2022(5) dt.28-02-2023 2/2 the petitioners are innocent and have been falsely implicated in this case. He submits that petitioner no. 1 and 2 are ward member and ward secretary. He submits that the petitioners are also ready to return the remaining amount to the authority. He submits that petitioners having no intention to grab the public money as such no offence under Sections 420, 406, 409 is made out against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that the process under Sections 82 and 83 Cr.P.C. has been issued against the petitioners. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Brahmpur P.S. Case No. 382 of 2022. (Anjani Kumar Sharan, J) devendra/- U T