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Patna High CourtCR. MISC./4475/2023bail granted

Sohan Mandal v. The State Of Bihar

2023-06-20Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4475 of 2023 Arising Out of PS. Case No.-10 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== SOHAN MANDAL Son of Lukho Mandal @ Mukho Mandal Resident of Village - Jasidih, Jagdishpur, P.S.- Dharhara, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 409, 419, 420, 467, 468, 120B and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the prosecution case in short is that as per direction of the District Magistrate and on the basis of the Report of Letter No. 34 dated 06.01.2021 of Three Members Inquiry Committee, the Block Development Officer lodged the present case, further the Three Members Inquiry Committee has found that the petitioner has not completed the work of 14th Economic Yojna, 5th Economic Yojna and 7th Nischay Yojna and thus the Three Members Inquiry

Patna High Court CR. MISC. No.4475 of 2023(3) dt.20-06-2023 2/3 Committee has found the petitioner prima facie guilty. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that the work was completed for which a certificate was also issued as would be evident from Annexure1 at Page 55. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the scheme was of Rs. 9 lacs but the work completed is only of Rs. 7 lacs and odd and still work of Rs. 2 lacs is left to be completed. The learned counsel for the petitioner rebuts the submission and submits that as per the petitioner the work has been completed and as per the prosecution still some work is to be done, it is next submitted that this did not warrant a criminal case.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case

Patna High Court CR. MISC. No.4475 of 2023(3) dt.20-06-2023 3/3 is pending/successor court in connection with Laraiyatand P.S. Case No. 10 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T