Arjun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88571 of 2024 Arising Out of PS. Case No.-190 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== Arjun Kumar Son of Mahendra Paswan Village- Kamarchak, Ward No 14,P.S.- Kalyanpur, District- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2024 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner apprehends arrest in connection with Kalyanpur P.S. Case No. 190 of 2022, punishable for the offences registered under Sections 420, 409 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons embezzled the money allocated under the scheme Nal Jal Yojana/ Gali Nali Yojana.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that
Patna High Court CR. MISC. No.88571 of 2024(2) dt.20-12-2024 2/3 the petitioner was posted as Panchayat Secretary and admitted the fact that amount of Rs. 70,65,900/- was transacted in their joint account under the aforesaid yojna, the petitioner has completed the work for which Technical Assistant, Kalyanpur and Panchayat Secretary issued a letter dated 23.03.2023 to the Officer-In-Charge, Kalyanpur, East Champaran inter-alia stating that the work under Nal Jal Yojna/ Gali Yojna has been completed. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted regular bail by this Court vide order dated 16.02.2024 passed in Cr. Misc. No. 6621 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyanpur P.S. Case No. 190 of 2022, subject to the conditions as laid down under
Patna High Court CR. MISC. No.88571 of 2024(2) dt.20-12-2024 3/3 Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T