Ram Pravesh Mandal@ Ram Pravesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51567 of 2022 Arising Out of PS. Case No.-460 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== Ram Pravesh Mandal @ Ram Pravesh Kumar S/o Shailendra Kumar Raw R/o village- Khaira, P.S.- Khaira, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y. C. Verma, Sr. Advocate Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-05-2023 Heard the learned senior counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Laxmipur P.S. Case No.460 of 2019 (G.R. No.3598 of 2019), registered for offences under Sections 420, 406 and 409 of the IPC.

The allegation is regarding the petitioner, who was posted as Awas Sahayak at Anandpur Panchayat, on the alleged date and time of occurrence, having taken various sum of rupees from the beneficiaries, for the purposes of

2/4 sanctioning funds under the Prime Minister Awas Yojana.

The learned senior counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned senior counsel for the petitioner has further submitted by referring to the supplementary affidavit filed in the present case that the petitioner has already been dismissed from his services, however, he had filed a service appeal bearing Service Appeal Case No.01 of 2021, before the learned District Magistrate, Jamui and after enquiry, the District Rural Development Authority, Jamui by an order dated 01.09.2022 has directed for restoration of the services of the petitioner and the petitioner has been directed to join his services at Chakai Block, District-Jamui, whereafter, he has also joined on 23.08.2022, meaning thereby that the allegations levelled against the petitioner has been found to be false and fabricated.

3/4 Per contra, the learned APP for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the service of the petitioner has been restored and he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui in connection with Laxmipur P.S. Case No.460 of 2019 (G.R. No.3598 of 2019), subject to the conditions as laid down

4/4 under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/Saurav U T