Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5735 of 2023 Arising Out of PS. Case No.-176 Year-2021 Thana- PIRO District- Bhojpur ====================================================== Vijay Kumar Son Of Lal Bahadur Singh R/O Village- Digha, P.S.- Jagdishpur, District- Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 406/34 of the Indian Penal Code.

As per prosecution case, the petitioner along with coaccused Chairman and Secretary of Implementation Committee of Nal Jal Scheme, respectively and allegations against them is that they made payment of Rs. 14,50,000/- in the account of the petitioner and defalcated the money in conspiracy and the scheme was not completed.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is contractor

Patna High Court CR. MISC. No.5735 of 2023(2) dt.01-05-2023 2/2 who used to supply the articles demanded by the Chairman and Secretary and he was not contractor for completing the work under the Government Scheme. Similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 27.09.2022 passed in Cr. Misc No. 69542 of 2021. It is further submitted that the petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 03.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Piro P.S. Case No. 176 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIII, Bhojpur at Ara.

(Sunil Kumar Panwar, J) Manish/- U T