Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60622 of 2023 Arising Out of PS. Case No.-9 Year-2019 Thana- MANER District- Patna ====================================================== Mukesh Kumar S/o- Premdhar Ram Village- Ramjichak Byapur Ps- Maner Dist- Patna ... ... Petitioner/s The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor (for brevity 'APP') for the State.
2. The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 09/ 2019 registered for the offence punishable under Sections 409/467/468/471/420 of the Indian Penal Code (for brevity 'IPC').
3. Allegation has been made by the Block Development Officer (for brevity 'B.D.O.') alleging irregularities in dissemination of the beneficial measures under the 'Pradhan Mantri Awas Yojana', wherein petitioner is alleged to be one of the beneficiaries.
4. Learned counsel for the petitioner submits that having clean antecedents, petitioner has become the victim of tussle between the Authorities. Other similarly situated as the
Patna High Court CR. MISC. No.60622 of 2023(2) dt.11-10-2023 2/3 petitioner have been allowed anticipatory bail by a Co-ordinate Bench of this Court, which is evident from the orders passed in Cr. Misc. No. 4239 of 2021 and Cr. Misc. No. 46096 of 2021.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Having regard to the submissions advanced by the petitioner's counsel, nature of allegations, clean antecedents and claim based on parity, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail.
7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on 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 Sushree Nutan Kumari, J.M-Ist Class, Danapur, Patna, in connection with Maner P.S. Case No. 09 of 2019, subject to the following conditions:
(i) That one of the bailors of each of the petitioner will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioner.
Patna High Court CR. MISC. No.60622 of 2023(2) dt.11-10-2023 3/3 (ii) That the petitioner will be well represented on each date and if they fail to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
(Madhuresh Prasad, J) Raj kishore/- U T