The Patna High Court granted anticipatory bail to Subhash Chandra Boss in an embezzlement case involving the Chief Minister Drinking Water Scheme, allowing arrest/surrender with a bond and sureties within six weeks.
Anticipatory bail granted subject to a bond of Rs. 20,000 and two sureties, with arrest/surrender permitted within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32094 of 2022
Arising Out of PS. Case No.-76 Year-2021 Thana- BELAGANJ District- Gaya
======================================================
SUBHASH CHANDRA BOSS S/o Arjun Paswan Resident of Village- Simra, P.S.- Belaganj, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Kumar Sinha For the Opposite Party/s : Mr.Parmeshwar Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
4 12-01-2023
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 409 and 420 read with 34 of the Indian Penal Code.
As per the prosecution case, the petitioner did the work of Rs. 7,94,003/- in place of Rs. 12,81,300/- under the chief minister drinking water scheme and thus the petitioner along with the co-accused person embezzled the public money in the said scheme.
Patna High Court CR. MISC. No.32094 of 2022(4) dt.12-01-2023 2/2
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. Learned counsel has further submitted that the work of Rs. 12,54,993/- has been completed out of Rs. 12,81,300/- and rest amount of Rs. 26,307/- was deposited by the accused person in the account of Seven Nishchay Yojna which gets support from Para. 6 of the case diary.
Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Belaganj P.S. Case No. 76 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
The application stands allowed.
(Chandra Prakash Singh, J)
atul/- U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in an embezzlement case under sections 409 and 420 IPC.
Whether to impose security conditions for the anticipatory bail granted.
SUBHASH CHANDRA BOSS
The State of Bihar
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
