Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10555 of 2025 Arising Out of PS. Case No.-393 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== MANOJ KUMAR S/o- GANGA PRASAD MAHTO R/o- Basauna PsBibhutipur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bibhutipur P.S. Case No. 393 of 2022, registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

3. It is alleged that Manoj Kumar ( the petitioner), then Mukhiya of Panchayat Bhushwar, received Rs. 2,00,000/- for Ward No. 11 and Rs. 4,00,000/- for Ward No. 13 under the C.M. Village Gali Nali Pakikaran Yojana for road construction, but the work was not completed. An enquiry report dated 07.04.2022 by the Local Technical Assistant confirmed this, indicating misappropriation of funds.

4. The learned counsel for the petitioner has submitted that the account is jointly operated by the Ward Secretary and the Mukhiya (the petitioner). As a matter of fact, the Ward Secretary

Patna High Court CR. MISC. No.10555 of 2025(5) dt.22-09-2025 2/2 withdrew the amount and half of the amount was deposited by the Secretary Lalit Kishore Sharma, the co-accused. In this respect, the Block Development Officer, Bibhutipur, has sent letter no. 1652 dated 16.08.2024 to the learned ADJ-II, Rosera, Samastipur. The coaccused has deposited half of the amount. He has further submitted that the co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court.

5. On the other hand, learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera at Samastipur in connection with Bibhutipur P.S. Case No. 393 of 2022, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023.

(Nawneet Kumar Pandey, J) Nirmal/- U T