Ram Balak Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32798 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- RAIYAM District- Darbhanga ====================================================== RAM BALAK CHAUPAL S/O LATE ASHARFI CHAUPAL R/O VILLAGE-BANSARA, P.S.-RAIYAM, DISTRICT-DARBHANGA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha- Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Raiyam P. S. Case No.40 of 2020, instituted for the offences under Sections 406, 409, 420, 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 16.01.2021 and he is a person with clean antecedent, charge-sheet has been submitted in this case. The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the Panchayat Secretary of Gram Panchayat, Bansara alleges that under Chief Minister Paiya Jal Nischaya Yojana an amount of Rs.18,00,000/- was transferred to Ward No.4 and Rs.16,00,000/- transferred to Ward No.8. Ward

Patna High Court CR. MISC. No.32798 of 2021(2) dt.29-11-2021 2/3 No.8 withdrew Rs.15,75,000/- and Ward No.4 withdrew Rs.15,00,000/-, but the work has not been completed. As such, it is alleged that the amount has been misappropriated. The learned counsel for the petitioner submits that petitioner is the Ward Secretary of Ward no.4 and according to measurement book, work of Rs.15,87,947 has been done which is more than the withdrawal amount. The report of the B.D.O., Keoti and report of the Block Panchayat Officer, Keoti records that work is in progress and water is being supplied to the houses as is evident from Annexure-2.

The learned counsel for the petitioner further submits that the informant has falsely instituted the present case without verifying the correct facts.

Learned A.P.P. opposes the bail application and submits that it is a case of misappropriation. Considering the fact that the petitioner is in custody since 16.01.2021 and he is a person with clean antecedent, charge-sheet has been submitted in this case and the Annexure-2 records that work is in progress and water is being supplied, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.32798 of 2021(2) dt.29-11-2021 3/3 satisfaction of learned A.C.J.M.-Vth, Darbhanga in connection with Raiyam P. S. Case No.40 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T