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Patna High CourtCR. MISC./70389/2021bail granted

Jageshwari Prasad Yadav @ Janeshwar Prasad Yadav v. The State Of Bihar

2022-07-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70389 of 2021 Arising Out of PS. Case No.-754 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== JAGESHWARI PRASAD YADAV @ JANESHWAR PRASAD YADAV Son of Ram Lal Prasad Yadav Resident of Village - Jaiprakash Nagar, Ward no.6, P.S.- Madhepura, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Madhepura P.S. Case no. 754 of 2019 instituted for the offence under Section 409 of the Indian Penal Code. Prosecution case relates to misappropriation of govt fund which was issued to the petitioner for the purpose of construction of toilet under the scheme of Swachh Bharat Mission .

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. A report of

Patna High Court CR. MISC. No.70389 of 2021(2) dt.19-07-2022 2/2 Executive Officer of Nagar Parishad, Madhepura is annexed to this petition as Annexure-2 which shows that the work has been completed which was handed over the the petitioner. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Madhepura P.S. Case no. 754 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U