Dhirendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3755 of 2023 Arising Out of PS. Case No.-561 Year-2022 Thana- DHAKA District- East Champaran ====================================================== 1.

Dhirendra Sharma S/o Late Radheshyam Sharma R/o Village- Saratha, P.S.- Dhaka, Distt- East Champaran.

2.

Hira Raut S/o Rudal Raut R/o Village- Saratha, P.S.- Dhaka, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner no. 1 apprehends his arrest in a case registered for the offences punishable under Sections 409/34 of the Indian Penal Code.

As per the prosecution case, it is alleged that despite allotment of fund under the government scheme Mukhya Mantri Gramin Payjal Yojana, this petitioner along with other coaccused did not complete the work within the stipulated period and the same is still pending.

It is submitted that petitioner no. 1 was the Ward Member-cum-Chairman of Executing Committee of the

Patna High Court CR. MISC. No.3755 of 2023(3) dt.20-06-2023 2/3 government scheme Mukhya Mantri Gramin Payjal Yojana of Ward No. 6. It is next submitted that the work in question was allotted to the executing agency of one Mukul Ranjan for which an agreement was also executed between the parties and it was his duty to complete the work within the stipulated period. However, during pendency of this case this petitioner and others got executed the work of Rs. 8,29,956/- vide letter no. 29 dated 11.03.2023 of Panchayat Secretary, Gram Panchayat Karmawa, Block-Dhaka Annexure-5 of the supplementary affidavit. Petitioner is ready and willing to complete the rest work of the said scheme. Similarly situated co-accused Ujjawal Kumar @ Ujjawal Kumar Pandey has been granted bail by a coordinate Bench of this Court vide order dated 24.05.2023 passed in Cr. Misc. No. 13163 of 2023.

Considering the facts aforesaid, Dhirendra Sharma petitioner no. 1, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Dhaka

Patna High Court CR. MISC. No.3755 of 2023(3) dt.20-06-2023 3/3 P.S. Case No. 561 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T