Sarju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22702 of 2025 Arising Out of PS. Case No.-58 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== Sarju Kumar Son of Late Baijnath Saw Resident of Village - Salempur, P.S.- Haspura, District - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramendra Kumar Singh For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Haspura P.S. Case No. 58 of 2023 dated 02.03.2023, instituted for the offence punishable under Sections 420, 406, 409/34 of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, in the Chief Minister Drinking Water Scheme, Rs. 8,25,834/- has been embezzled by Ward Member of Ward No. 10, Arunjay Kumar @ Bhola of Gram Panchayat Ahiyapur. Against this, as per the order of District Panchayat Raj Office, Aurangabad, letter no. 266 dated 09.02.2023, the Block Panchayat Raj Officer, Haspura has been ordered to register an FIR for recovery of the embezzlement amount and also former Ward No. 3 Ranjit
Patna High Court CR. MISC. No.22702 of 2025(2) dt.14-05-2025 2/3 Kumar (petitioner) of Gram Panchayat Ahiyapur has embezzled Rs. 68,210/- in the Chief Minister Drinking Water Scheme. Against which as per the order of District Panchayat Raj Officer, letter No. 23(P) dated 09.01.2023, the Block Panchayat Raj Officer, Haspura has been ordered to register an FIR for recovery of embezzlement amount.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is allegation of defalcation of Rs. 68,210/- against the petitioner. The name of the petitioner has been mentioned in first paragraph of the written complaint. Moreover, the said amount has already been deposited in the Government accounts and in this regard a certificate has been issued under the signature of Panchayat Secretary, which is made as Annexure P/2. Lastly, it has been submitted that the petitioner is in custody since 29.12.2024, he has one criminal case 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
Patna High Court CR. MISC. No.22702 of 2025(2) dt.14-05-2025 3/3 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 C.J.M., Aurangabad (Bihar) in Haspura P.S. Case No. 58 of 2023, subject to the verification of the assertion of the petitioner that he has deposited the amount of Rs. 68,210/- in the Government's Account or not. If it is found that the amount, in question, has not been deposited, this bail order shall not be given effect. (Khatim Reza, J) Sankalp/- U T