Baidyanath Hazra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21340 of 2023 Arising Out of PS. Case No.-17 Year-2020 Thana- MANPUR District- West Champaran ====================================================== Baidyanath Hazra S/O Late Singhashan Hazra Resident Of Village- Bathana, P.S.- Majhaulia, District- West Champaran, At Present Iti Colony Jay Prakash Nagar Bettiah, P.S.- Bettiah Muffasil, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Manpur P.S. Case No. 17 of 2020 dated 02.06.2020, instituted for the offence punishable under Sections 420, 409, 120(B)/34 of the Indian Penal Code.
3. The prosecution case, in brief, is that the petitioner (Panchayat Secretary) along with two contractors took three signed cheque from the informant to purchase material for Nal Jal Yojna and withdrew Rs. 10 lakh from her Punjab National Bank account in the ratio of Rs. 2 lakh (petitioner), Rs. 6 lakh (Shakil Ahmad) and Rs. 2 lakh (Md. Nasir) but did not start the work.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21340 of 2023(2) dt.22-05-2023 2/2 petitioner is innocent and he is falsely implicated in this case. It is further submitted that the cheque were encashed in the year 2018 and the F.I.R. came to be instituted in 2020 i.e., after a delay of nearly two years. He further submitted that one coaccused person namely Md. Nasir has been granted bail by a Co-ordinate Bench of this Court vide Order dated 13.05.2022 passed in Criminal Miscellaneous Case No. 72601 of 2021. Lastly, it has been submitted that the petitioner is in custody since 28.01.2023 and has two criminal cases against him and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- II, West Champaran, Bettiah in Manpur P.S. Case No. 17 of 2020. (Khatim Reza, J) Sankalp/- U T