Neti Paswan @ Neti Lal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70477 of 2022 Arising Out of PS. Case No.-141 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== NETI PASWAN @ NETI LAL PASWAN S/o Late Madhu Paswan R/o Village- Ramauli, P.S.- Bahera, Distt- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Roshan Mishra, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 409, 420 & 34 of the Indian Penal Code.
The allegation against this petitioner is of financial embezzlement with respect to Scheme No. 8/2016-17, 1/201819 & 2/2018-19. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not no such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The entire allegation against the petitioner is false, baseless and
Patna High Court CR. MISC. No.70477 of 2022(2) dt.01-05-2023 2/3 concocted. It is further submitted that the petitioner is retired Panchayat Secretary of Adharpur Panchayat and was superannuated from his service on 31.07.2021. He further submits that this petitioner took charge of Panchayat Secretary Adharpur Panchayat in light of Memo No. 807 dated 29.06.2017 on 13.11.2017 and documents related to any work done in Scheme No. 08/2016-17 was not handed over to him. Therefore, the allegation levelled against the petitioner is false. He further submits that during the service tenure of the petitioner, no allegation has been made against him but suddenly after one year of his superannuation, this false case has been lodged against him. Similarly situated co-accused, namely, Sumitra Devi has been enlarged on bail by a coordinate bench of this court vide order dated 06.02.2023 in Cr. Misc. No. 58289 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as similarly situated co-accused has been granted anticipatory 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
Patna High Court CR. MISC. No.70477 of 2022(2) dt.01-05-2023 3/3 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 Ghanshyampur P.S. Case No. 141 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T