Vishwanath Yadav @ Bishwanath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73322 of 2024 Arising Out of PS. Case No.-144 Year-2024 Thana- LAUKAHA District- Madhubani ====================================================== Vishwanath Yadav @ Bishwanath Yadav S/o Late Ram Lochan Yadav Resident of Village- Navkatol Panchayat Pathrahi, P.S- Ladaniya, DistrictMadhubani-847227 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Girish Chandra S/o Satish Chandra R/o Village- Gram Saidpura, P.S.- Khagaul, District- Patna, Presently the Block Development Officer, Khatauna, District- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Sr. Advocate Ms. Dilkash Khan, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Laukaha P.S. Case no.144 of 2024 registered under sections 316(2), 316(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the amount of advance to the tune of Rs.85,442/- paid to the petitioner who happened to

Patna High Court CR. MISC. No.73322 of 2024(2) dt.11-11-2024 2/3 be the Contractor-cum-Panchayat Sevak for the work against Yojna no.01/07-08 has not been completed as per the agreement/plan.

4. Learned Senior counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case. As per the petitioner's case, he completed the full work which was to the tune of Rs.2,72,500/- which would also be evident from the M.V. Book. It was much after the retirement of the petitioner as Panchayat Sevak that for a work of the year 2007-08 that the instant F.I.R. has been registered in the year 2024.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R. and especially the F.I.R. having been registered in the year 2024 for a work said to have been given in the year 2007-08, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Laukaha P.S. Case no.144 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.73322 of 2024(2) dt.11-11-2024 3/3 two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Jhajharpur, DistrictMadhubani. (Partha Sarthy, J) avinash/- U T