Bishnu Deo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71007 of 2021 Arising Out of PS. Case No.-348 Year-2017 Thana- KOTWALI District- Patna ====================================================== Bishnu Deo Kumar Son of Late Om Prakash Resident of Village - Talimpur Ward No. 14, P.S. Barh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 408, 409, 418, 419, 420, 120(B) of the Indian Penal Code.

The prosecution case as per F.I.R is that one Shashi Kumar who is Bill Clerk in the Bihar State Power Holding Company has misused his post and misappropriated Rs. 48,89,985/- of the company along with other co-accused persons including the petitioner. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.71007 of 2021(3) dt.14-07-2022 2/3 petitioner that petitioner has falsely been implicated in this case. The petitioner is neither employee of the company nor he has any concern with the co-accused persons and only on the basis of suspicion, the petitioner has been roped in the present case. The thrust of accusation is against co-accused Shashi Kumar who has been granted bail by a coordinate Bench of this Court vide order dated 09.11.2017 passed in Cr. Misc. No. 49911 of 2017. Similarly situated co-accused person namely Sachida Nand Sahai has also been granted anticipatory bail by a coordinate Bench of this Court vide order dated 19.09.2017 passed in Cr. Misc. No. 45298 of 2017. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, 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 anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.71007 of 2021(3) dt.14-07-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 348 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T