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Patna High CourtCR. MISC./68792/2022allowed

Chandra Bhushan Sah v. The State Of Bihar

2023-02-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68792 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- SINGHWARA District- Darbhanga ====================================================== CHANDRA BHUSHAN SAH S/o Mahesh Sah R/o Korauni Asthua, P.S.- Singwara, Distt- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidya Nath Prasad For the Opposite Party/s :

Ms. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 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 Section 406, 409 and 420 of the Indian Penal Code.

As per FIR, it is alleged that in Gram Panchayat Asthua, work have to be done under the scheme of Jal Nal Yojna in which estimated Amount was Rs. 19,44,000/- and the same was transferred in the account of work implementation of management committee of Ward no. 7. A sum of Rs. 17,00,000/- was withdrawn from the account but against that M.V. Book was zero which indicated misappropriation of public money. Learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the

Patna High Court CR. MISC. No.68792 of 2022(2) dt.27-02-2023 2/2 petitioner is not specific rather general and omnibus in nature. He submits that a report was called for from the concerned B.D.O., who has reported that according to M.V. book the work done under the scheme is completed and thereafter, a completion certificate was issued as annexed in Annexure-2 of the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for bail. Having regard to the facts and circumstances of the case, 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 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 Singwara P.S. Case No. 153 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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