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Patna High CourtCR. MISC./59494/2022allowed

Dhiraj Roy v. The State Of Bihar

2023-01-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59494 of 2022 Arising Out of PS. Case No.-121 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== Dhiraj Roy Son of Dinesh Roy Resident of Village Matihani, P.S. Matihani, District Begusarai, ( Made accused being the Prop. of M/s Sapna Enterprises). ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Shubhesh Pandey, Advocate For the State :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Matihani P.S. Case No.121 of 2020, registered for the offences punishable under Sections 420, 406, 409, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.

Prima facie this is a case of financial embezzlement in the government scheme for installation of streetlights etc. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the petitioner is the proprietor of Sapna Enterprises and after proper formalities he was selected for the work of Yojna and directed to make

Patna High Court CR. MISC. No.59494 of 2022(2) dt.03-01-2023 2/2 agreement with the Panchayat and, accordingly, he has done his work as per agreement. It is also submitted that the B.D.O. and the Panchayat Secretary have already been enlarged on anticipatory bail by different co-ordinate Benches of this Court (Annexure-3 series).

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Matihani P.S. Case No.121 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T