Sushil Kumar Ishwar @ Susheel Kumar Ishwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11692 of 2024 Arising Out of PS. Case No.-66 Year-2021 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

Sushil Kumar Ishwar @ Susheel Kumar Ishwar S/o Madhukant Ishwar R/o Village - Kumroul, Post- Burheb Inaitpur Haripur, P.S.- Ghanshyampur, District - Darbhanga.

2.

Santosh Thakur S/o Bhadai Thakur R/o Village - Kumroul, Post- Burheb Inaitpur Haripur, P.S.- Ghanshyampur, District - Darbhanga. 3.

Pawan Kumar Ishwar @ Pavan Kumar Ishwar S/o Upendra Kumar R/o Village - Kumroul, Post- Burheb Inaitpur Haripur, P.S.- Ghanshyampur, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Maruth Nath Roy, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 409 of the Indian Penal Code.

3. The prosecution case, in brief, is that the Block Development Officer-cum-Executive Officer, Ghanshyampur submitted a written application to the S.H.O., Ghanshyampur alleging that in course of enquiry, it was found that the work in relation to the Jal-Nal Yojana of Ward No. 02, 03, 04, 06 was found to be incomplete and of inferior quality. It was further

Patna High Court CR. MISC. No.11692 of 2024(3) dt.21-06-2024 2/3 alleged that money was transferred in the account of ward execution and management committee, but the work was still incomplete in violation of departmental guidelines.

4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and they have committed no offence. Petitioner nos. 1 & 2 are Ward Secretary and Ward Member of Ward No.4, respectively, whereas petitioner no.3 is general public. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. They are not named in the FIR. The real fact is that the present case has been lodged out of personal grudge. It is further submitted that in course of hearing of the anticipatory bail application of the Mukhiya, a report was called for and the same was submitted vide letter no. 1382 dated 13.09.2021 by the Block Development Officer, Ghanshyampur stating that the work has already been completed, which is also evident from Annexure-3. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.11692 of 2024(3) dt.21-06-2024 3/3 case, since the work has already been completed, as evident from Annexure-3, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Ghanshyampur P.S. Case No. 66 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T