Suresh Kumar Srivastava @ Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84242 of 2023 Arising Out of PS. Case No.-320 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Suresh Kumar Srivastava @ Suresh Prasad son of late Shatrudhan Prasad resident of mohall- new railway crossing no- 12, Chakdah, p.s- town, districtMadhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Suresh Sah son of late Sukhdev Sah resident of village- Mukhiya Patti, p.s.- madhawapur, district- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navjot Yeshu For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2024 Heard Mr. Navjot Yeshu, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 166, 167, 420, 467, 468, 471, 504, 506 and 120B of the Indian Penal Code.

3. Petitioner along with other accused persons in connivance with other on the basis of the forged and fabricated Land Possession Certificate has misappropriated the compensation amount of Rs. 90,968/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the petitioner was posted at the relevant place as Karamchari w.e.f. 2015-17 and the accused no. 1 had applied for Land Possession Certificate on the basis of affidavit

Patna High Court CR. MISC. No.84242 of 2023(4) dt.05-07-2024 2/2 showing all the relevant papers. The petitioner after perusal of the same has forwarded it to the Circle Officer for necessary decision in the matter. He submits that the similarly situated co-accused has already been granted bail by this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 19964 of 2023. He further submits that petitioner has criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Complaint Case CR No. 320 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T