Ram Babu Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63286 of 2022 Arising Out of PS. Case No.-251 Year-2009 Thana- SARAIYA District- Muzaffarpur ====================================================== RAM BABU PRASAD SINGH Son of Late Birju Singh Resident of VillageChandpura, P.S.- Deoria, District- Muzaffarpur (Retired Panchayat Sachiv, Chak Ibrahim, Anchal Saraiya District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 409, 420 of the IPC. Allegedly, the petitioner and other named accused persons in the year 2009, upon their transfer from their place of posting have not submitted the official record/documents in complete format, as a result of which the development planning of the Block remained disturbed and it was suspected that some misappropriation has been committed by them.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case only on suspicion. No

Patna High Court CR. MISC. No.63286 of 2022(4) dt.21-02-2023 2/2 such occurrence, in the manner as alleged, has ever taken place. It is submitted that the F.I.R. was lodged against the petitioner on the basis of direction of the BDO Saraiya in the year 2009 and petitioner was transferred from the said place before lodging of the FIR. Petitioner had no knowledge about the present case and he retired from the service in the year, 2022 and thereafter he got knowledge of the present F.I.R., therefore, he filed the instant anticipatory bail application. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 Saraiya P.S. Case No.251 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T