Raj Kumari @ Raj Kumari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16971 of 2024 Arising Out of PS. Case No.-471 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== Raj Kumari @ Raj Kumari Devi WIFE OF SACHCHU PASWAN @ SACHIN KUMAR PASWAN Village Madhurapur, Kushdeo, P.S. Lalganj, District Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasant Vikas, Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in Lalganj P.S. case No. 471 of 2022 instituted for the offences under Sections 420, 409, 34 of the Indian Penal Code.
3. Prosecution allegation, in short, is that in the Nal Jal scheme of the government, the petitioner being President, has debited Rs. 7,20,000/- but the work has been completed only for Rs. 4,20,000/-.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this
Patna High Court CR. MISC. No.16971 of 2024(4) dt.12-07-2024 2/3 case. Learned counsel for the petitioner submits that petitioner has also filed a complaint against the official member for irregularities in the scheme which was registered as C1 1581 of 2023 and due to the said reason, out of grudge and malice intention, the petitioner has been implicated in the present case to settle the score. The petitioner is in custody since 04.12.2023 and has no criminal antecedent. The Secretary of the said scheme has already been granted regular bail by this Court vide order dated 04.12.2023 passed in Cr. Misc. No. 76723 of 2023 while co-accused namely Ajay Kumar being also Secretary of the scheme has been granted anticipatory bail by order dated 04.08.2023 passed in Cr. Misc. No. 44665 of 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. A report has been called from the competent authority regarding the completion of work. It has been reported vide letter dated 29.06.2024 by the District Magistrate, Vaishali that part work has been completed regarding boring, pipe line etc.
6. Considering the aforesaid facts and
Patna High Court CR. MISC. No.16971 of 2024(4) dt.12-07-2024 3/3 circumstances of the case, report of the competent authority and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lalganj P.S. case No. 471 of 2022 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) The petitioner will not hamper the trial or temper with any prosecution evidence. If he is found involved in such incidence, the prosecution shall have liberty to take steps for cancellation of bail granted to the petitioner. (Rudra Prakash Mishra, J) Pankaj/- U T