Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7620 of 2021 Arising Out of PS. Case No.-417 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

KUNDAN KUMAR SON OF SRI GAYA SAO RESIDENT OF VILLAGERAMBALBIGHA, P.S- CHANAN, DISTT- LAKHISARAI 2.

SANTOSH KUMAR SON OF SRI NARESH RAM RESIDENT OF VILLAGE- PACHNA ROAD, KIUL BASTI, WARD NO 20, P.SLAKHISARAI DISTT- LAKHISARAI 3.

MUKESH KUMAR SINGH SON OF SRI RAMCHANDRA SINGH @ GORELAL SINGH RESIDENT OF VILLAGE- FATEHPUR, P.S- HALSI , DISTT- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners are expected to honour their undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office.

The petitioners is/are apprehending his/their arrest in connection with Lakhisarai P.S. Case No. 417 of 2020 for the offence registered under Sections 409/34 of the Indian Penal Code. Allegation against the petitioners is of misappropriating the government money.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.7620 of 2021(3) dt.14-12-2021 2/2 petitioners have falsely been implicated in the present case due to ulterior motive. It is further submitted that in all the three certificate proceedings, they deposited certificate amount, amounting to Rs. 14,744/- each in the Government Account of the informant D.P.O. (Estab) Education Department, Lakhisarai and as such, the allegation made against the petitioners falls on the ground. The aforesaid certificate report has also been forwarded to the officer-in-charge, Town P.S. Lakhisarai as contained in Annexure-3 to the supplementary affidavit. It is further submitted that the petitioners have no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of his/their arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 417 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Sunil Kumar Panwar, J) Jagdish/- U T