Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69081 of 2024 Arising Out of PS. Case No.-353 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== Santosh Kumar S/O Mahesh Yadav R/O Village- Kabirpur, P.S- Belaganj, Distt.- Gaya, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Kishun Prasad, Advocate Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-10-2024 Heard Mr. Ram Kishun Prasad, learned Advocate for the petitioner and the learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in connection with Belaganj P.S. Case No. 353 of 2019 dated 01.10.2019 instituted for the offences under Sections 409, 420, 120(B) and 34 of the Indian Penal Code.

3. The petitioner at the relevant time was posted as an Investigator in Belaganj Block and had to oversee the distribution of the welfare amount to the beneficiaries. The accusation against the petitioner and others is of recommending wrong names for monetary benefits of Lohiya Swachch Bihar Mission to undeserving persons.

Patna High Court CR. MISC. No.69081 of 2024(2) dt.04-10-2024 2/3

4. The learned counsel for the petitioner has submitted that monetary benefits were disbursed on the basis of report obtained from Vikas Mitra about the construction status of toilet along with the photographs of toilet.

5. There is nothing on record, Mr. Ram Kishun Prasad, learned Advocate has argued which would indicate that the petitioner has misappropriated any Government money. For the period that the petitioner remained as an Investigator in Belaganj Block, there was no complaint against him from any quarter.

6. Under similar circumstances, other accused persons have been granted anticipatory bail by this Court, some of which orders have been annexed with the petition.

7. Regard being had to the aforenoted facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.69081 of 2024(2) dt.04-10-2024 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 353 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T