Tileshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14126 of 2022 Arising Out of PS. Case No.-6 Year-2017 Thana- DUMARIYA District- Gaya ====================================================== TILESHWAR PRASAD SON OF RAGHUNANDAN PRASAD RESIDENT OF VILLAGE- NAWADIH P.O. BAJAURA, P.S. DOBHI, DISTRICTGAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Dhirendra Pratap Singh For the Opposite Party/s :

Mr.H.A.Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 406, 409, 420, 467, 468, 120B, 34 IPC. Allegation against the petitioner is that he being the Panchayat Secretary and along with other accused, during his tenure has withdrawn the development funds provided under different Government schemes and did not complete the projects. In this way, he has misappropriated Government funds. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to village politics.

Patna High Court CR. MISC. No.14126 of 2022(3) dt.09-11-2022 2/2 No such occurrence, in the manner as alleged, has ever taken place. Petitioner has no criminal antecedent. Petitioner has not misappropriated any Government fund rather has fulfilled his job with integrity. It is further submitted that petitioner was the Panchayat Secretary and has already deposited the alleged defalcated amount of Rs.2,32,000/-. This fact has also come in the impugned order. In para-22 of the case diary, it is mentioned that said recovery was successfully done.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dumariya P.S. Case No.6/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T