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Patna High CourtCR. MISC./1409/2024allowed

Shri Chandrakishore Yadav @ Chandra Kishor Yadav v. The State Of Bihar

2024-01-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1409 of 2024 Arising Out of PS. Case No.-244 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Shri Chandrakishore Yadav @ Chandra Kishor Yadav Son of Harilala Yadav @ Hari Lal Yadav R/o vill - Rampur Raut, Bahera, P.S. - Kusheshwar Asthan, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr Abdus Shakoor For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Earlier the petitioner had moved before this Court for grant of anticipatory bail by way of filing Cr. Misc. No.16316 of 2023, which was dismissed for default vide order dated 20.07.2023.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409, 406 and 420 of the Indian Penal Code.

4. The allegation against the petitioner is of misappropriation, criminal breach of trust and cheating with the public money allotted under government schemes.

5. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely

Patna High Court CR. MISC. No.1409 of 2024(2) dt.19-01-2024 2/2 implicated in this case due to dirty village politics. It is further submitted that petitioner has deposited a sum of Rs.4,11,228/-. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that similarly situated co-accused, namely, Smt. Chandrakala Devi has been enlarged on bail by this court vide order dated 03.11.2023 passed in Cr. Misc. No. 67036 of 2023. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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

7. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 Kusheshwar Asthan P.S. Case No. 244 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T