Lal Babu Sah @ Lal Babu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80582 of 2023 Arising Out of PS. Case No.-72 Year-2020 Thana- KARAHGAR District- Rohtas ====================================================== LAL BABU SAH @ LAL BABU KUMAR, age 32, Male, S/O SRI RAMESH PRASAD @ RAMESH SAH, R/O VILLAGE- KARGAHAR, P.S.- KARGAHAR, DISTRICT- ROHTAS, BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2024 Heard Mr. Surendra Kumar Singh learned counsel appearing on behalf of the petitioner and Mr. Parmeshwar Mehta, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Karaghar P.S. Case No. 72 of 2020 dated 21.03.2020 registered for the offence(s) punishable under Sections 406 and 420 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner has supplied certain building materials to co-accused Vishal Kumar Ranjan and Vidyawati Devi, who did not complete the work and misappropriated the government money.
4. Learned counsel appearing on behalf of the petitioner submitted that the co-accused Vishal Kumar Ranjan
Patna High Court CR. MISC. No.80582 of 2023(2) dt.10-01-2024 2/3 and Vidyawati Devi had agreed to deposit the sum of Rs. Ten lakhs, which was transferred in their account, while they were granted provisional bail by this Court. The petitioner being supplier has no role in the alleged offence or having misappropriated the government money. Learned counsel further submits that petitioner will give the details of the materials supplied by him and the manner in which the payment has been received and the same being accounted in the ledger provided by his firm before the court below. On these grounds, learned counsel submits that petitioner should be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Rohtas at Sasaram in connection with /Karaghar P.S. Case No. 72 of 2020/, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.80582 of 2023(2) dt.10-01-2024 3/3 438(2) of the Cr.P.C with a further condition that petitioner will give the details of the materials supplied by him and the manner in which the payment has been received and the same being accounted in the ledger provided by his firm before the court below.
(Purnendu Singh, J) Sanjay/- U T