Ramjatan Ram @ Shri Ramjatan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23676 of 2021 Arising Out of PS. Case No.-699 Year-2018 Thana- SONEPUR District- Saran ====================================================== RAMJATAN RAM @ SHRI RAMJATAN RAM S/o Late Raghunandan Ram R/o village- Unha Chak, P.S.- Dighwara, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sonepur P.S. Case No. 699 of 2018, registered for the offence punishable under Sections 420 and 409/34 of the Indian Penal Code.

The petitioner is alleged to have illegally withdrawn a sum of Rs. 23,00,000/- from the account in question, which pertains to the Chief Minister Saat Nischay Yojana funds, in the capacity of Panchayat Secretary.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.23676 of 2021(5) dt.13-12-2021 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 26.12.2020. The learned counsel for the petitioner has further submitted that the Mukhiya of the panchayat in question has already been granted bail and the petitioner is an old person, who had got several works of panchayat executed successfully, in the past.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail and has submitted by referring to the impugned order dated 29.1.2021 that the complicity of the petitioner is writ large from the records and he had illegally withdrawn a sum of Rs. 23,00,000/-, which had been earmarked for the Chief Minister Saat Nischay Yojana without executing any work and had misappropriated the same.

I have heard the learned counsel for the parties and gone through the materials on record. This Court, by an order dated 6.12.2021, had granted time to the learned counsel

Patna High Court CR. MISC. No.23676 of 2021(5) dt.13-12-2021 3/3 appearing for the petitioner to seek instructions from the petitioner as to whether the petitioner is ready to make good the embezzled amount, however, today, it has been informed to this Court that the petitioner is not ready to pay even a single farthing.

Having regard to the facts and circumstances of the case and taking into account the materials available on record as also considering the fact that the petitioner is the main accused and he is having complicity in the alleged incident of illegal withdrawal of a sum of Rs. 23,00,000/-, which is supported by the materials on record as also which have been collected during the course of investigation, I do not find any merit in the present case, hence, the same stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T