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Patna High CourtCR. MISC./62163/2019allowed

Diwakar Patel v. The State Of Bihar

2019-11-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62163 of 2019 Arising Out of PS. Case No.-424 Year-2019 Thana- BAGHA District- West Champaran ====================================================== DIWAKAR PATEL Son of Ramakant Patel Resident of Village- Shivrajpur, Bhasahi Padarkhap Panchayat, Bagaha, P.S.- Bhairoganj, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyavrat Verma For the Opposite Party/s :

Mr.Parmeshwar Mehta For the BSFC :

Mr. Shailendra Kr. Singh :

Mr. Nirala Kr Singh.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bagha (Bhairoganj) P.S. Case No. 424 of 2019 for the offence punishable under Sections 409 and 420(B)of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. In fact, the petitioner approached to the D.C.O., West Champaran for release of the sanctioned funds in favour of the PACs but the D.C.O. for want of illegal gain did not agree with the petitioner for which the

Patna High Court CR. MISC. No.62163 of 2019(3) dt.27-11-2019 2/2 petitioner has sent a legal notice to him, which is evident from Annexure-2 and the petitioner has also approached to the concerned D.M. who also issue show cause notice to the D.C.O., which is evident from Annexure-3 and on account of the aforesaid fact, the petitioner has falsely been implicated in this case. Hence, the petitioner may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of his arrest or surrender before the court below within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Bagaha, West Champaran in connection with Bagaha (Bhairoganj) P.S. Case No. 424 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) brajesh/- U T