Patna High CourtCR. MISC./86574/2023dismissed

Nitish Kumar v. The State Of Bihar

2024-02-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86574 of 2023 Arising Out of PS. Case No.-806 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== NITISH KUMAR S/O SHRI DEV LAL PAL R/O VILLAGE- MAJHIYANV, P.S- BELAV, DISTT.- KAIMUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Prasad, Adv.

For the Opposite Party/s :

Mr.Braj Kishore Pd., APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Bhabhua P.S. Case No. 806 of 2023 registered for the offences punishable under Sections 420, 406, 409 of the Indian Penal Code.

3. As per the FIR, the petitioner, being deputed to Block Office, was handling the scheme under Swachhta Mission. He is alleged to have paid subsidy or incentive under the said scheme to 273 such persons who were not entitled to get such subsidy under the scheme.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.86574 of 2023(2) dt.06-02-2024 2/2 allegation levelled against the petitioner is totally false and based on concocted facts. He was not involved in the commission of the alleged occurrence. He has been made accused in the present case with a view to save skin of the real culprits. There is no specific overt act against him. He has no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case as well as the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. Accordingly, the application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T