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Patna High CourtCR. MISC./21070/2021bail granted

Nagendra Singh v. The State Of Bihar

2022-01-11Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21070 of 2021 Arising Out of PS. Case No.-73 Year-2019 Thana- DEO District- Aurangabad ====================================================== NAGENDRA SINGH S/O LATE KAMESHWAR SINGH R/O VILLAGEDHANAW, P.S.-DEO, DISTRICT-AURANGABAD. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akhilelshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2022 Heard Mr. Ashok Kumar Singh, learned Advocate for the petitioner and Mr. Akhileshwar Dayal learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Deo P.S. Case No. 73 of 2019 dated 06.06.2019 instituted for the offences under Sections 406, 409, 420 and 34 of the Indian Penal Code.

The accusation against 49 of the named accused persons is of not having completed the work under Har Ghar Nal Jal Yojna, one of the projects under the Mukhya-Mantri Saat Nischay Yojna, within time. The

Patna High Court CR. MISC. No.21070 of 2021(2) dt.11-01-2022 2/3 petitioner is stated to be the ward member of Ward No. 11 of Sargawa Panchayat.

The Secretary of that Panchayat has been granted anticipatory bail by a Bench of this Court vide order dated 18.12.2019 passed in Cr. Misc. No. 73880 of 2019.

Learned counsel for the petitioner has submitted that the work under the aforesaid project had been completed in Ward No. 11 and such statement was passed by the Aam Sabha as well.

Considering this aspect of the matter, the Secretary of the aforesaid Panchayat of which the petitioner is a member, was granted anticipatory bail by a Bench of this Court.

The accusation is absolutely vague and without verification of the actual facts.

Considering the aforenoted arguments urged on behalf of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.21070 of 2021(2) dt.11-01-2022 3/3 court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Deo P.S. Case No. 73 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T