Patna High CourtCR. MISC./16238/2023bail granted

Kitabuddin Hawari v. The State Of Bihar

2024-06-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16238 of 2023 Arising Out of PS. Case No.-553 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Kitabuddin Hawari Son Of Kadir Miyan R/O Village- Purainiya, P.S.- Shikarpur, District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Abhishek Kumar, Advocate For the Opposite Party :

Mr.Parmeshwar Mehta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2024 This Court vide order dated 4.7.2023 had granted provisional bail to the petitioner with certain conditions entailed therein as well as on undertaking of the petitioner that the petitioner is ready to complete the work in question within the stipulated period.

2. Supplementary affidavit has been filed by the petitioner. In paragraph 3 of the supplementary affidavit, it is stated that estimated amount of Rs. 12.69 lacs was received in A/C No. 7212000100112199 of Ward Enforcement and Management Committee. Ward No.9 on transfer, and work under the Yojna was got done by the petitioner Kitabuddin Hawari and Raj Kumar Ram, Ward Member and Ward Sachiv receptively, and final measurement was done by Technical Assistant, and work worth Rs. 111 8627/- was found to be completed. Remaining amount Rs. 1,50,373/- was deposited by the Ward Member and Ward Secretary in the A/C No. 7212000100093676 of Panchayat, as would be evident from the 'No Dues Certificate' issued by the Panchayat Secretary, Gram Panchayat Raj, Purainiya Harsari, Block- Narkatiaganj, West Champaran, who is informant of this case.

3. Learned counsel for the State does not controvert

Patna High Court CR. MISC. No.16238 of 2023(7) dt.28-06-2024 2/2 the submission of learned counsel for the petitioner.

4. In view of the submissions made in the supplementary affidavit, provisional bail allowed to the petitioner vide order dated 4.7.2023, is hereby confirmed with the conditions stipulated therein.

(Prabhat Kumar Singh, J) Shashi U T