Sohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31777 of 2021 Arising Out of PS. Case No.-55 Year-2019 Thana- NAUHATTA District- Rohtas ====================================================== Sohan Prasad aged about 32 years Son Of Raghuweshwar Prasad Resident Of Village - Nooranganj (Khilanganj), P.S. And District - Sasaram, Rohtas. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Rakesh Kumar Jha, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 406 and 420 of the Indian Penal Code.

As per the prosecution case, petitioner was given Rs.12 lacs for providing materials to be used in providing safe drinking water in Ward No.12, Gram Panchayat, Shahpur but even after lapse of a year he could not complete the assigned work despite reminder.

Learned counsel for the petitioner denying the allegation submits that the petitioner has already completed the work which is evident from the measurement report (Annexure 3) submitted by the concerned engineer. Petitioner has claimed clean antecedent and he is in custody since 8.1.2021.

Patna High Court CR. MISC. No.31777 of 2021(5) dt.07-10-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Dehri (Rohtas) in on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T