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Patna High CourtCR. MISC./73095/2023dismissed

Kanhaiya Singh @ Shri Kanhaiya Singh v. The State Of Bihar

2024-04-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73095 of 2023 Arising Out of PS. Case No.-291 Year-2022 Thana- KATEYA District- Gopalganj ====================================================== KANHAIYA SINGH @ SHRI KANHAIYA SINGH SON OF SHYAMDEO SINGH @ SHAMDEO SINGH R/O VILLAGE- MAHNTHWA, P.S.- KATEYA, DIST.- GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shubhangi Pandey For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Kateya P.S. Case No.291 of 2022, registered for the offence punishable under Sections 406, 409, 420, 120B, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he misappropriated Government fund.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. Petitioner has one criminal antecedent.

Patna High Court CR. MISC. No.73095 of 2023(5) dt.09-04-2024 2/2

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the report of the D.M., I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T