Kumar Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53782 of 2022 Arising Out of PS. Case No.-67 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== Kumar Gaurav, S/o Late Somnath Singh, Resident of village- Dhanarua, P.S.- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr. Thakur, Advocate Mr. Nilesh Kumar, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar No. 3, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 409, 419, 420 of Indian Penal Code.

As per prosecution case, petitioners along with coaccused Suresh Singh forcibly took signature of the informant on 5 blank cheques. Informant is Ward member whereas, petitioner is Panchayat Secretary of Bahadurpur Panchayat. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is next submitted that the informant is himself the signatory to the so called cheques in question using which the money was withdrawn for implementing the scheme in Nal Jal

Patna High Court CR. MISC. No.53782 of 2022(2) dt.21-12-2022 2/2 Yojana and Nali Gali Yojana in the ward in question. As a matter of fact, the said schemes are being implemented by the Ward Implementation and Management Committee and informant is member and petitioner is Panchayat Secretary. It is only when the villagers started making complain of slow progress of work, the informant in order to save his own skin lodged the present false case against the petitioner.

Learned counsel for the State has vehemently opposed the prayer for bail application.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Sub Divisional Judicial Magistrate, Barh, Patna in Athmalgola P. S. Case No. 67 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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