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Patna High CourtCR. MISC./50437/2022bail granted

Indradeo Ram v. The State Of Bihar

2023-01-10Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50437 of 2022 Arising Out of PS. Case No.-481 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== INDRADEO RAM SON OF LATE PARAGAN RAM R/O VILLAGEKACHANATH, P.S.- SHEOSAGAR, DISTRICT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Keshav, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Ara Town P.S. Case No. 481 of 2017 for the offence registered under Sections 406, 409, 420, 467, 468, 471 and 120(B)/34 of the Indian Penal Code.

The accusation in the FIR is that exaggerating the final measurement, the amount was escalated causing financial loss to the State Exchequer. In that way, the FIR was lodged against the officials, the petitioner being one of them. Learned counsel for the petitioner submits that he served as Assistant Engineer till 2019 and after retirement as the police started approaching, it necessitated the present petition. Further submission is that similarly situated others have been

Patna High Court CR. MISC. No.50437 of 2022(2) dt.10-01-2023 2/3 granted bail although he concedes that there has been delay on his part and the FIR was lodged almost half a decade ago. Further submission is that without accepting the allegations and/or the outcome of the present petition, the petitioner on its own wants to deposit of Rs. 25,000/- each to the Patna High Court, Legal Services Committee and the Bihar State Legal Services Committee totaling Rs. 50,000/- Learned APP for the State opposes the prayer for bail and submits that there is accusation on his side of misappropriation but concede that the similarly situated other have been granted bail.

Taking into account the aforesaid facts that he has no criminal antecedent, other similarly placed co-accused have been granted relief and he is ready to cooperate in the investigation and will also appear in the trial, this Court is inclined to grant him relief subject to payment of Rs. 50,000/- as stated above.

Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 50,000/- (Fifty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.50437 of 2022(2) dt.10-01-2023 3/3 Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 481 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C with further conditions that passport, if any, be surrendered before the Court below. (Rajiv Roy, J) Jagdish/NehaU T