Bhupendra Bhatt v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89424 of 2024 Arising Out of PS. Case No.-335 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== Bhupendra Bhatt Son of Prayag Bhatt Resident of Village - Gaudarh, P.S. - Shahpur, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 409, 406, 420/34 of the Indian Penal Code.

3. As per prosecution case, this petitioner along with other F.I.R. named accused persons committed forgery by misappropriation of fund of Rs. 6,83,788/- out of Rs. 12,90,9000/- for in the name of work to be done under the Mukhya Mantri Nal Jal Nischay Yojana.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. At the relevant time, petitioner was Secretary of the aforesaid Yojana and no money has been withdrawn by him with regard to the same rather it was Chairman Gopal Ram who withdrew the

Patna High Court CR. MISC. No.89424 of 2024(4) dt.28-02-2025 2/2 amount from bank. It is further submitted that after lodging of the F.I.R., work in question has already been completed and certificate to that effect has been annexed as Annexure-P/6 to the supplementary affidavit. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the fact that work has already been completed and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Bhojpur at Ara in connection with Shahpur P. S. Case No. 335 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T