Ramdayal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14223 of 2022 Arising Out of PS. Case No.-3 Year-2021 Thana- TARIYANI CHAPRA PS District- Sheohar ====================================================== Ramdayal Sahani S/o Late Mangar Sahani Resident of Village- Nandna, P.O.- Gangadharmpur, P.S.- Tariyani Chapra District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sujeet Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 30-06-2022 Today this case has been listed on priority basis, on the motion slip filed by the learned counsel for the petitioner. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Sujeet Kumar Gupta, learned counsel for the petitioner and learned APP for the State. The petitioner seeks regular bail, who is in custody in connection with Tariyani Chapra P.S. Case No. 03 of 2021 for the offences punishable under Sections 420, 406, 409 and 120B/34 of the Indian Penal Code.

In sum and substance, the F.I.R. has been instituted regarding misappropriation of fund with regard to execution of work of Nal Jal Yojna by the Chairman and Secretary of

2/4 Kumhrar Ward No.7.

It is submitted by the learned counsel appearing on behalf of the petitioner that the petitioner happens to be the member of the Management Committee and he has no role to play with regard to the withdrawal of fund as well as its disbursement. It is further submitted that the Chairman of Panchayat, namely, Smt. Sita Devi, against whom there was specific allegation, has already been granted anticipatory bail by a learned co-ordinate Bench of this Court vide order dated 08.10.2021 passed in Cr. Misc. No. 24451 of 2021. It is next submitted that the petitioner is not named in the F.I.R.

and later on during the course of investigation his name has transpired only because he being the member of the Management Committee and except he being the member of the Management Committee there is no other material which suggests the complicity of this petitioner. It is further submitted that the petitioner is in custody since 21.09.2021 having clean antecedent and moreover the investigation of the crime is completed and the charge-sheet has been submitted.

3/4 has been made accused in the present case.

Having considered the submissions made on behalf of the parties and taking into consideration the fact that the Chairman of the Panchayat, namely, Smt. Sita Devi, has already been granted bail by a learned co-ordinate Bench of this Court as well as similarly situated persons have also been granted bail, the copies of which have been annexed as Annexure-3 to this application and moreover the petitioner is not named in the F.I.R. and his name transpired during the course of investigation and he is in custody since 21.09.2021, apart from the fact that investigation of the crime is completed and charge-sheet has been submitted in the present case, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.

20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sheohar in connection with Tariyani Chapra P.S. Case No. 03 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of

4/4 trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) uday/- U T