Petitioner sought anticipatory bail in a cheating and corruption case. Court rejected the prayer but directed that if petitioner surrenders within six weeks, regular bail shall be granted by the trial court.
Anticipatory bail rejected; directive issued for grant of regular bail upon surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11012 of 2022
Arising Out of PS. Case No.-20 Year-2021 Thana- SARMERA District- Nalanda
======================================================
SANTOSH KUMAR S/O RAJ BALLABH PRASAD R/O VILLAGEPACHAWRA, P.S. HARNAUT, DISTRICT- NALANDA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv For the Opposite Party/s : Mr. Dilip Kumar No.1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 21-02-2023 Heard the parties.
The petitioner apprehend his arrest in connection with Sarmera P.S. Case No.20 of 2021, registered for the offence punishable under Sections 409, 419, 420 of the Indian Penal Code.
As per the FIR, the Mukhiya of village- Sarmera panchayat, the then Junior Engineer and Green Power Agency, have committed financial irregularity and misused the Government money for implementation “ Gramin Pay Jal Nishchay Yojna ” under “ Mukhyamantri Nishchay Yojna” scheme. During the course of inquiry, it came in the light that Green Power Agency is forged agency and it is on paper only and its owner is close relative of Mukhiya of the said panchayat. It is further alleged that Mukhyiya of the said panchayat forcibly
Patna High Court CR. MISC. No.11012 of 2022(3) dt.21-02-2023 2/3
took away the cheque from the ward member and he did not withdraw the government directly rather he grabbed the money by withdrawing the same in the name of forged “Green Power Agency.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that it is clear from the FIR that Rs.7,00,000/- has been transferred to Green Power Agency not to the petitioner. The said agency is running in the name of relative of the mukhiya of Sarmera Panchayat. He further submits that from the perusal of the FIR, it is clear that all the allegations are against the mukhiya of the said panchayat and his family and the petitioner has been implicated as an accused to help the mukhiya but the documents have not reflect against the petitioner regarding he is supporting the mukhiya . Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail and submits that the petitioner is also involved
Patna High Court CR. MISC. No.11012 of 2022(3) dt.21-02-2023 3/3
in the present case.
Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
Accordingly, this application is dismissed.
However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned court below shall pass the order, preferably on the same day, in accordance with law, considering the fact that there is no specific overt act against the petitioner.
(Anjani Kumar Sharan, J)
shikha/-
U T
3 issues framed by the court
Whether anticipatory bail can be granted to the petitioner in a case alleging financial irregularity and forgery.
Whether the petitioner can be granted regular bail upon surrender within six weeks despite the initial rejection of antecedent bail.
Whether the allegations form a specific overt act against the petitioner necessitating bail.
1 provisions across 1 enactments
Santosh Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
