Shravan Kumar @ Shri Shravan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15325 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- PARSAUNI District- Sitamarhi ====================================================== 1.

SHRAVAN KUMAR @ SHRI SHRAVAN KUMAR S/o Yogi Rai R/o village- Sundargama, P.S.- Parsauni, Distt- Sitamarhi. 2.

Maheshwar Rai @ Shri Maheshwar Rai S/o Jinis Rai R/o villageSundargama, P.S.- Parsauni, Distt- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parwej Khan For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 409, 420 and 34 of the Indian Penal Code.

The informant alleges that an amount of Rs. 32,52,000/- was withdrawn from the account by the petitioners for completing the scheme of Gali Nali Yojna during the year 2020-21 but the work was not completed, as such, the amount was defalcated. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent, it is next submitted that petitioner No. 1 is the Chairman of Managing Committee/ ward member and petitioner No. 2 is Ward Secretary of the concerned ward.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.15325 of 2023(2) dt.04-07-2023 2/2 petitioners have been falsely implicated in the present case, it is next submitted that the work was completed and, thereafter, payments were made, it is also submitted that the date of occurrence is 06.03.2021 and the FIR came to be instituted on 19.06.2022 after a much delay without any plausible explanation, it is further submitted that even the work was completed and in a mechanical manner the FIR came to be instituted.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Parsauni P.S. Case No. 104 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T