Patna High CourtCR. MISC./66230/2022allowed

Upendra Kumar Rai v. The State Of Bihar

2023-03-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66230 of 2022 Arising Out of PS. Case No.-170 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== UPENDRA KUMAR RAI SON OF LATE JAWAHAR LAL RAI R/O VILL.- SARAIPUR, P.S.- GANGA BRIDGE, DISTT.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 409 of the Indian Penal Code.

As per allegation in the FIR, after being defeated in the election of PACS, petitioner was asked repeatedly to hand over the charge to the newly elected President of the PACS, but he has not handed over the charge till date.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner has challenged the nomination of the elected president which is still pending before the Court of Joint Registrar, Co-operative Committee Bihar, Patna. By way of filing supplementary

Patna High Court CR. MISC. No.66230 of 2022(4) dt.24-03-2023 2/2 affidavit, it is brought on record that petitioner is ready to hadover the charge to the present PACS Chairman (Soniya Devi). Petitioner is languishing in judicial custody since 27.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali (Hajipur) in connection with Ganga Bridge P.S. Case No. 170 of 2021.

(Sunil Kumar Panwar, J) sushma/- U