Avadhesh Kumar Anil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60349 of 2023 Arising Out of PS. Case No.-27 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.
AVADHESH KUMAR ANIL S/O SAJJAN PRASAD THE THEN PROGRAMME OFFICER BARBIGHA, R/O VILLAGE- MASTPURA, PS. BODH GAYA, DIST. GAYA 2.
MUKESH KUMAR S/O RAMCHANDRA SINGH THE JUNIOR ENGINEER, R/O VILLAGE- KUMAR, PS. SIKANDRA, DIST. JAMUI 3.
RAKESH KUMAR S/O LATE BISHUNDEO PRASAD THE PANCHAYAT TECHNICAL ASSISTANT, R/O VILLAGE- BIND, PS. BIND, DIST. NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Anjani Pd. Singh For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420 and other allied Sections of the Indian Penal Code.
3. As per the prosecution case, the petitioner is involved in the illegal withdrawal of money in the name of dead person under the MANREGA scheme.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The
Patna High Court CR. MISC. No.60349 of 2023(2) dt.13-10-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that several similarly situated co-accused persons have been granted bail by coordinate Bench of this Court (Annexure-3). Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as similarly situated co-accused persons have been granted bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Barbigha (Keoti O.P.) P.S. Case No.27 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T