Ajeet Singh @ Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24109 of 2022 Arising Out of PS. Case No.-707 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== AJEET SINGH @ AJIT SINGH S/o Sudama Singh Resident of VillageUdyanpur, P.O. Akolhi, P.S.- Mairawa, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr.Adv.

Mr.Sarveshwar Tiwary For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 467, 468, 471, 420, 409, 120(B)/34 of the Indian Penal Code.

As per the prosecution case, this petitioner alongwith other accused persons embezzled amount of Rs. 49,91,500/- and Rs. 4 crore under Scheme No. 15 / 2017-18 for widening five feet road south to the stretch of Tarwara More to Hospital More road and for purchasing land for dumping of garbage respectively.

It is submitted on behalf of petitioner that at the relevant time, this petitioner was posted as Junior Engineer. It is further submitted that initially, an inquiry was conducted, with

Patna High Court CR. MISC. No.24109 of 2022(5) dt.21-12-2022 2/3 regard to quality of the work for widening of road, by the Department Laboratory, Chapra and no infirmities was found by the Department Laboratory report dated 01.09.2017. So far as allegation of entire payment with deduction of 10% is concerned, same was paid after extension of time, so it is not necessary to deduct any amount. In fact, the Chairman of the Committee committed irregularities in the said work and ignoring the report of petitioner, withdrew the security money, whereas, as per tender notice, security money was to be withdrawn after three years i.e. after 20.02.2021 and as such, petitioner has committed no irregularity in the work. However, learned A.P.P. for the State has vehemently opposes the prayer for anticipatory bail.

Considering the submissions made on behalf of the parties, materials available on record and the test report of Department of Laboratory, Chapra, the prayer for anticipatory bail of petitioner is allowed. In the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned C.J.M., Siwan in connection with Siwan Town P.S. Case No. 707 of 2021, subject to

Patna High Court CR. MISC. No.24109 of 2022(5) dt.21-12-2022 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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