Sohrai Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3867 of 2019 Arising Out of PS. Case No.-96 Year-2018 Thana- AMBA District- Aurangabad ======================================================

1. Sohrai Ram son of Sahadeo Ram resident of Village- Tetarain Bigha, P.O. Padariya, Police Station- Simra, District- Aurangabad.

2. Krishna Paswan son of Ramchandra Paswan resident of Village- Tetarain Bigha, P.O. Padariya, Police Station- Simra, District- Aurangabad. ... ... 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. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Amba P. S. Case No. 96 of 2018 dated 01.11.2018 instituted for the offences under Sections 406, 420 and 34 of the Indian Penal Code.

The F.I.R. has been lodged at the instance of the Incharge Block Panchayat Raj Officer, Kutumba alleging that irregularities have been committed in the execution of the scheme of getting available to the citizen drinking water. It has been alleged in the F.I.R. that a departure has been made from the guidelines issued in that regard and the work

Patna High Court Cr.Misc. No.3867 of 2019(2) dt.25-01-2019 2/3 was executed through private agency and the allocated funds for the same was maliciously transferred in the account of such private operator.

Learned counsel for the petitioners has submitted that they are the President and Secretary of two different blocks where the work has been executed.

It has further been submitted that there is no allegation whatsoever of the work not having been executed or siphoning of government funds. All that has been stated is that an unauthorized private operator was made to execute the work. So far as the petitioners are concerned, there is no specific accusation against them.

It has also been repeatedly averted that the work of the project is complete in all respect.

One of the co-accused persons of this case has been granted anticipatory bail by a Bench of this Court vide order dated 02.01.2019 passed in Cr. Misc. No. 77635 of 2018.

Considering the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the

Patna High Court Cr.Misc. No.3867 of 2019(2) dt.25-01-2019 3/3 event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Amba P. S. Case No. 96 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U