Sakindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8550 of 2023 Arising Out of PS. Case No.-185 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== Sakindra Paswan Son Of Maheshwar Paswan R/O Vill.- Tekanari, Ward No. 9, P.S.- Patepur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 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, 409 of the Indian Penal Code.

The prosecution case, in brief, is that the informant alleged that he transferred total sum of Rs. 14,99,600/- in the account of the ward member (petitioner) and secretary. It is further alleged that despite receiving the complete amount, the work has not been completed and the aforesaid amount was withdrawn and misappropriated by the accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para-6 & 7 of the petition that the petitioner has completed the

Patna High Court CR. MISC. No.8550 of 2023(2) dt.13-04-2023 2/2 work for amount of Rs. 14,89,055/- and measurement was done by the Engineer concerned but the engineer has not submitted the measurement book before the concerned authority, this fact has been shown from Annexure-2. Further, rest of the amount of Rs. 10,545/- has been deposited in the account of Ward Kriyanwan Avam Prabandhan Samittee, Ward No.9 and this fact has been asserted by Annexure-3. The petitioner has got no criminal antecedent and languishing in judicial custody since 5.11.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patepur P.S. Case No. 185 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur.

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