Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68721 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- EKCHARI District- Bhagalpur ====================================================== Ajay Kumar S/o Late Rambilash Thakur R/o Village- Rani Diyara, P.S.- Ekchari, Distt- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-04-2023 Heard learned counsel appearing on behalf of the parties.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Ekchari P.S. Case No. 6 of 2022 registered for the offences punishable under Section 406 and 420/34 of the Indian Penal Code.

The allegation against the petitioner is to defalcate the amount of Rs. 2,00,000/- allotted for Nal Jal Yojna along with other co-accused person, namely, Jamindar Prasad.

Patna High Court CR. MISC. No.68721 of 2022(2) dt.26-04-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated in this case, due to oblique motive, as he was the person, who brought defalcation in the notice of Block Development Officer, Pirpainti, as it appears from letter No.57 dated 11.01.2022 at page No. 17 of the present bail petition. It is pointed out that as co-accused, namely, Jamindar Prasad failed to deposit the defalcated amount, the petitioner was implicated with present case without having any connecting evidence. While concluding the argument, it is submitted that the petitioner is a man of clean antecedent.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above, as petitioner appears to be informant of alleged defalcation, let the petitioner above named, in the event of his arrest or surrender before learned court below within a period of four weeks, from the date of order, be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Bhagalpur/concerned Court, where the case is pending in

Patna High Court CR. MISC. No.68721 of 2022(2) dt.26-04-2023 3/3 connection with Ekchari P.S. Case No. 6 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T