Bikash Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81676 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- KORMA District- Sheikhpura ====================================================== BIKASH KUMAR @ VIKASH KUMAR Son of Sijendra Bind Ex - Secretary of ward Member No. 7 of Gram Panchayat Raj, Gangaur, R/o vill - Gangaur, P.s .- Korma, Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed. Rizwanul Haque For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 409 and 420 of the Indian Penal Code.

3. Allegedly, the petitioner and other co-accused person is said to have been found guilty of irregularity in work of Nal-Jal Scheme.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He submits that the work of Nal-Jal Yojana was done

Patna High Court CR. MISC. No.81676 of 2023(2) dt.04-01-2024 2/2 in the year 2017 as per the instance of Mukhiya and the supervision of work was done by the B.D.O., and after completion of work M.B. was booked by technical officer after founding the work correct and completed (Annexure-4). It is further submitted that similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court (Annexure-5). Petitioner has no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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 Korma P.S. Case No.173 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T