Muniya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19118 of 2025 Arising Out of PS. Case No.-73 Year-2019 Thana- DEV District- Aurangabad ====================================================== Muniya Devi Wife of Rajesh Paswan Resident of Bishnupur, Chatti, Ward No. 09, P.S.- Deo, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal , Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under section 406, 409, 420 and 34 of IPC .
3 . As per the prosecution case , the informant, namely Amresh Kumar Mishra, who is Block Development Officer, Deo alleged that 44 ward members and the ward secretary, along with petitioner Muniya Devi (ward member), and agencies after receiving lakhs of rupees for executing the work under the seventh Chief Minister Nischay Yojana (scheme) have misappropriated funds of the block and left the work incomplete .
4. Learned counsel for the petitioner submits that at
Patna High Court CR. MISC. No.19118 of 2025(3) dt.28-07-2025 2/3 the relevant time , petitioner was ward Member-cum- Chairman of Ward No. 9 and she is innocent and has falsely been implicated in this case . Petitioner has got no concern with the alleged occurrence . Allegation is general and omnibus. No specific allegation of misappropriation has been alleged against this petitioner. Moreover, the there is vague allegation of misappropriation of funds and the work in question has already been completed by the petitioner. Petitioner claims clean antecedent.
5 . Learned counsel for the State opposes the prayer for bail and submitted that this petitioner along with other coaccused persons are involved in the aforesaid occurrence and after receiving lakhs of rupees, they misappropriated the fund of Chief Minister's Nischay Yojna scheme .
6. Learned counsel for the State further submits that vide order dated 18.04.2025, this Hon'ble Court directed Block Development Officer (B.D.O) Thana - Deo to submit a report, as to whether the work in question is complete or not. Block Development Officer (B.D.O) Thana Deo vide letter No. 715 dated 09.06.2025 , submitted a detailed report, wherein he disclosed that the work in question was found incomplete in Ward No. 5 , 11 of Panchayat-Purvi Ketaki, ward No. 11 of
Patna High Court CR. MISC. No.19118 of 2025(3) dt.28-07-2025 3/3 Panchayat- Sargawan as well as ward No. 9 of Panchayat-Israur, and as such , this petitioner is not entitled to privilege of anticipatory bail.
7. Considering the nature of accusation , report of the Block Development Officer and other circumstances of the case , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T