Radheshyam Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63888 of 2023 Arising Out of PS. Case No.-440 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Radheshyam Paswan son of Sri Mathura Paswan Village- Dumra Po- Dumra Ps- Kotwa Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2023 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 Town P.S. Case No. 440 of 2023, registered for the offence punishable under Sections 419, 420, 465, 467, 468, 471, 120(B) of the Indian Penal Code (for brevity 'IPC'). 3.
Petitioner is a beneficiary of Chief Minister Entrepreneur Scheme. The scheme contemplated grant of financial assistance to the petitioner to the tune of Rs. 10 lacs, which was to be disbursed in three installments; four lacs, four lacs and two lacs. The prosecution alleges that the benefit under the scheme has been availed by manipulating the documents and using false vouchers rather than original vouchers.
Patna High Court CR. MISC. No.63888 of 2023(2) dt.17-10-2023 2/3 4.
Learned counsel for the petitioner submits that scheme contemplated that only after utilisation certificate in respect of the first installment, and submission of vouchers; the second and third installments were to be disbursed. During this period, no objection was raised and after due verification of the documents, the next disbursement was made to the petitioner. Now when he has started up the business, he is faced with this prosecution, which is nothing but an afterthought and without any basis. The petitioner, in the event of his arrest, shall suffer irreparable loss in the business set up under the scheme. Otherwise, he is more than willing to cooperate in the investigation as and when required.
5. Learned APP for the State has opposed the prayer for anticipatory bail. It is submitted that petitioner is named accused. He has misappropriated funds intended for genuine entrepreneurs.
6. Having regard to the submissions advanced by the petitioner's counsel, clean antecedents of the petitioner and the undertaking regarding extending full cooperation in the investigation as and when required, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail.
7. Accordingly, let the petitioner, above named, in the
Patna High Court CR. MISC. No.63888 of 2023(2) dt.17-10-2023 3/3 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 Chief Judicial Magistrate, East Champaran at Motihari, in connection with Town P.S. Case No. 440 of 2023, 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.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
(Madhuresh Prasad, J) Raj kishore/- U T