The Patna High Court granted anticipatory bail to the petitioner in a criminal case arising from allegations regarding waste management under the Lohia Swachh Bihar Abhiyan, releasing him on furnishing a bond and sureties.
Petitioner released on bail with bond of Rs.10,000 and two sureties of like amount each.
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.22602 of 2024
Arising Out of PS. Case No.-266 Year-2023 Thana- HATHAURI District- Muzaffarpur
======================================================
Amritesh Kumar S/o- Kaushal Kishore Singh Resident of village-Bisauthaurf Mahisautha Dhanaur, Ps- Katra Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Arya Achint, Adv. For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
5 02-09-2024
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.22602 of 2024(5) dt.02-09-2024 2/3
implicated in the present case due to ulterior motive. Further submission is that the First Information Report has been lodged after an inordinate delay of two days without any plausible explanation. The petitioner is the owner of the shop, and except for selling products to the customers, he has no role in the entire transaction. It was the role of the panchayat secretary (purchaser) to check the quality of the products. At the time of the purchase, the regular staff of the shop had disclosed all the aspects of the items being purchased by the panchayat secretary (purchaser). It is next submitted that petitioner had duly calculated SGST worth 2.5% and CGST worth 2.5% and the same was added to the bill of the purchaser which is evident from the bill receipts. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.22602 of 2024(5) dt.02-09-2024 3/3
P.S. Case No. 266 of 2023, subject to the conditions as laid
down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J)
utkarsh/-
U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in a case under Sections 379, 406, 407, 467, 468, 471 and 420 of the IPC.
1 provisions across 1 enactments
Amritesh Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
