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Patna High CourtCR. MISC./12460/2023allowed

Lalji Sah v. The State Of Bihar

2023-05-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12460 of 2023 Arising Out of PS. Case No.-97 Year-2021 Thana- KARAKAT District- Rohtas ====================================================== Lalji Sah S/O Late Etwaru Sah R/O Village- Bardihan, P.S- Karakat, DistrictRohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Satyendra Kumar Bhatnagar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 406/420 of the Indian Penal Code.

As per allegation in the FIR, the petitioner, being the chairman of Ward Implementation and Managing Committee, has embezzlement the amount of Rs. 14,01,000/- of Mukhyamantri Grameen Payjal Nischay Yojna.

Patna High Court CR. MISC. No.12460 of 2023(3) dt.08-05-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is submitted that a certificate has been issued by the panchayat secretary that work has been completed of Rs. 13,15,838/- already been completed and rest amount of Rs. 85,162 has been deposited in the account of Gram Panchayat. Moreover, the petitioner is languishing in judicial custody since 07.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Karakat P.S. Case No. 97 of

Patna High Court CR. MISC. No.12460 of 2023(3) dt.08-05-2023 3/3 2021 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 A.C.J.M. 1, Bikramganj, Rohtas.

(Sunil Kumar Panwar, J) Nirajkrs/- U T