Ram Pravesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15675 of 2020 Arising Out of PS. Case No.-165 Year-2019 Thana- RAJPUR District- Buxar ====================================================== RAM PRAVESH SINGH Son of Tej Narayan Singh Resident of Village - Pipradh, P.S. Rajpur, District - Buxar. At Present Address - Adarsh Nagar Buxar, P.O.- Buxar, Ward No. -10, P.S. - Buxar, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 419, 420 and 120(B) of the Indian Penal Code.

The prosecution case in short is that the accused persons defalcated a sum of Rs. 10,70,000/- under a scheme of the government.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.15675 of 2020(5) dt.04-12-2020 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to mistake of fact. The informant of the case is the Ward Member of the concerned Panchayat. A contract work under Mukhyamantri Peyjal Nischay Yojna was given to one Buddha Construction for an amount of Rs. 17 lakhs and odd. The petitioner happens to be an employee of the said Buddha Construction. The proprietor of the Buddha Construction Ltd is one Ravi Maurya. The informant had issued two cheques for an amount of Rs. 10,70,000/- in favour of Buddha Construction. No cheque has been issued in favour of the petitioner. Hence, no wrongful gain has been made on the part of the petitioner. Neither the said Buddha Construction has been made accused in the present case nor the owner of the Buddha Construction has been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail

Patna High Court CR. MISC. No.15675 of 2020(5) dt.04-12-2020 3/3 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -III, Buxar in connection with Rajpur P.S. Case No. 165/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T