Shayra Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71122 of 2022 Arising Out of PS. Case No.-165 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Geeta Devi Wife Of Sri Ram Pravesh Mahto R/V- Makkhachak, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 22874 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Shayra Khatoon W/O Mr. Owais Khan Resident Of Village- Rampur Habib, Pathan Tola, Ward No.- 2, P.S.- Bakhri, District- Begusarai. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 71122 of 2022) For the Petitioner/s :
Mr.Vaishnavi Singh For the Opposite Party/s :
Mr.Nirmala Kumari (In CRIMINAL MISCELLANEOUS No. 22874 of 2023) For the Petitioner/s :
Mr.Vaishnavi Singh For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Learned counsel for the State has filed the counter affidavit today in Court.
Let it be kept on record.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 406, 409 of the Indian Penal Code.
Patna High Court CR. MISC. No.71122 of 2022(9) dt.11-07-2023 2/3 It is alleged that excess payments were made to the suppliers in purchase of Eicher Model Tractor-242, Hydraulic Trailer, Succession Machine and Fogging Machine. It is further alleged that irregularities were also committed in purchase of four Cylinder Power Tractor, Dust Bin, Dust Bin with metal frame, CCTV Camera, Construction of Welcome Gate, Installation of Street Light and High Mast Light, installation of LED Street Light with Pole, Led High Mast Light and several development schemes under Ward No. 6.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners were Chair Person and member of Ward No. 2 of Bakhri Nagar Panchayat and they were not involved in purchase or installation process of the said Nagar Panchayat. He submits that the entire purchase was made on the decision taken by the Purchase Committee and Empowered Standing Committee, thereafter, payments were made by the Executive Officer. He submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 08.05.2023 passed in Cr. Misc. No. 17 of 2023. He further submits that petitioners have criminal antecedent as stated in para-3 of this
Patna High Court CR. MISC. No.71122 of 2022(9) dt.11-07-2023 3/3 application.
Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bakhri P.S. Case No. 165 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T