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Patna High CourtCR. MISC./61294/2022allowed

Lailun Paswan v. The State Of Bihar

2023-01-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61294 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- ITARHI District- Buxar ====================================================== LAILUN PASWAN Son of Sri Shivcharan Paswan R/V- Kachara, P.OBhendiya, P.S- Bera, Dist- Nalanda, Ex. Junior Engineer MANREGA Itarhi, A present Junior Engineer, MANREGA, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhash For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 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 420, 406, 409/34 of the IPC. The allegation against the petitioner is that he is involved in irregularities committed in MANREGA scheme under Itarhi block of Buxar district.

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 due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that in

Patna High Court CR. MISC. No.61294 of 2022(2) dt.10-01-2023 2/2 compliance of the order of Deputy Development Commissioner, Buxar vide memo no.314 dated 10.02.2022, petitioner has already deposited Rs.1750/- on 14.02.2022. Similarly situated co-accused namely Shri Yogesh Mishra @ Yogesh Mishra @Ugesh Kumar Mishra and Md. Shakib Alam have been enlarged on anticipatory bail by this Court vide order dated 09.11.2022 passed in Cr. Misc. No.30718 of 2022 and Cr. Misc. No.33050 of 2022. 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, since similarly situated co-accused have been granted bail, 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 Itarhi P.S. Case No.40 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.