Patna High CourtCR. MISC./52793/2015bail granted

Sanjay Kumar v. The State Of Bihar

2016-02-01Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52793 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -SALAIYA District- AURANGABAD ====================================================== Sanjay Kumar, Son of Sri Doman Mistri, resident of village - Charkawan Road, P.S.- Rafiganj, District - Aurangabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 01-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Salaiya P.S. Case No. 23 of 2015 registered under Sections 409 and 420/34 of the Indian Penal Code.

It is contended that the petitioner is innocent and has been falsely implicated in the present case due to dirty village politics. He was appointed on the post of Panchayat Rojgar Sevak in Beri Barai Tola Gram Panchayat on 01.03.2014 and thereafter, he was sent for training from 17.04.2014 to 29.05.2014 and he took over the charge from the Ex-Panchayat

Patna High Court Cr.Misc. No.52793 of 2015 (3) dt.01-02-2016 2 / 2 Rojgar Sevak, namely, Shailendra Kumar Gupta on 31.05.2014. It is further contended that out of the total amount withdrawn money i.e. 6,25,938/- only 45,000/- was withdrawn by the petitioner after taking over the charge for making payment to Nirmal Enterprises on the request of Mukhiya, namely Vijay Choudhary. The construction has been done upto the mark and the informant without there being any basis has simply raised suspicion that the complete work has not been done in the prescribed manner and government money has been defalcated. Learned counsel for the State has opposed the application filed on behalf of the petitioner. Regard being had to the nature of allegation as also the fact that the investigation is over, the petitioner is directed to be released on bail 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, Aurangabad in connection with Salaiya P.S. Case No. 23 of 2015.

(Ashwani Kumar Singh, J.) Sanjeet/- U T