Heera Nand Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7047 of 2024 Arising Out of PS. Case No.-73 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== Heera Nand Mishra Son Of Late Parma Nand Mishra Resident Of VillageChikna, Ps- Ghoghardiha, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ghoghardiha P.S. Case no. 73 of 2023 registered under sections 420, 409 and 34 of the Indian Penal Code.

3. As per the prosecution case, on being given an advance amount of Rs. 13 Lakhs for carrying out work under the Chief Minister Rural Drinking Water Scheme, it is stated that on going through the measurement book and the work done it transpired that the petitioner had not completed the work and as a result had defalcated a total sum of Rs. 1,60,751/-.

4. Learned counsel for the petitioner submits that from the letter of the Panchayat Secretary, Gram Panchayat Raj, Chikana addressed to the Block Development Officer, Ghoghardiha, Madhubani the petitioner had got the work

Patna High Court CR. MISC. No.7047 of 2024(2) dt.17-02-2024 2/2 completed. Pursuant to the said letter the Block Development Officer, Ghoghardiha (Madhubani) had given a note addressed to the Panchayat Secretary and the Technical Assistant to the effect that steps may be taken for exoneration of the petitioner. The petitioner is in custody since 21.9.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the letter contained as in Annexure- 2 to the petition together with the note dated 21.9.2023 of the Block Development Officer, Ghoghardiha, Madhubani and the petitioner having remained in custody for more than four months since 21.9.2023, the petitioner is directed to be enlarged on bail in connection with Ghoghardiha P.S. Case no. 73 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jhanjharpur, Madhubani. (Partha Sarthy, J) Harsh/- U T