Renu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29008 of 2021 Arising Out of PS. Case No.-311 Year-2020 Thana- PIRO District- Bhojpur ====================================================== RENU DEVI, W/O SUSHIL KUMAR R/o village- Jitora, P.S.- Piro, DistrictBhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 44367 of 2021 Arising Out of PS. Case No.-311 Year-2020 Thana- PIRO District- Bhojpur ====================================================== VIJAY BAHADUR TIWARI, S/o Late Ram Prasad Tiwari Erstwhile Panchayat Secretary Gram Panchayat Jitaura, permanently R/o villageBariswan, P.S.- Sahpur, District- Bhojpur (Bihar) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 29008 of 2021) For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr. Shailendra Kumar (In CRIMINAL MISCELLANEOUS No. 44367 of 2021) For the Petitioner/s :
Mr.Sanjay Kumar Ojha For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-04-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
2/4 The petitioners seek bail in anticipation of their arrest in connection with Piro P. S. Case No. 311 of 2020, dated 25.11.2020, instituted for the offences under Sections 420, 406, 409 and 34 of the Indian Penal Code. As per allegation, Rs. 24,88,103/- was sanctioned under Mukhya Mantri Saat Nishchay Yojana and despite the amount transferred in the account of the petitioners, they failed to complete the entire work.
A report has been called for from the District Magistrate, Bhojpur regarding the work done on the spot. The report has been received and kept at Flag-D. It has been reported that against the entire sanctioned amount of Rs. 24,88,103/-, only the work of Rs. 11,54,400/- has been done regarding Nal-Jal Evam Nali-Gali Pakkikaran Yojana. Similarly, on another project under Mukhya Mantri Saat Nischay Yojana, the sanctioned amount of Rs. 24,65,529/- was paid in advance, but the work of Rs. 13,00,000/- was done.
The learned counsel for the petitioners assured this Court to complete the remaining work within a period of six
3/4 months.
Considering the above-mentioned facts and circumstances, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-8, Bhojpur at Ara or concerned court below, in connection with Piro P. S. Case No. 311 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
After completion of six months, the learned court below shall call for a report from the District Magistrate, Bhojpur about the completion of work. If the work remains incomplete, the learned court below shall be at liberty to cancel the bail-bonds of the petitioners.
The application stands allowed.
Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided in para
4/4 1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) skm/- U T