Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22373 of 2025 Arising Out of PS. Case No.-210 Year-2019 Thana- SARMERA District- Nalanda ====================================================== Vikash Kumar S/o Subhash Sharma, Resident of Village- Sadha, PS - Sarmera, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-05-2025 Heard Mr. Manoj Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Sarmera P.S.Case No.210 of 2019, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code .

3. As per the allegation made in the FIR, the Petitioner has misappropriated the government fund allotted for execution of work under Nal Jal and Nalig Gali Scheme in Ward No.12 of Husaina Gram Panchayat.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is the Ward Member, as well as, Secretary of the Managing Committee of Ward No.12.

Patna High Court CR. MISC. No.22373 of 2025(2) dt.01-05-2025 2/3 Learned counsel further submitted that the amount, as alleged in the FIR, has been returned back by depositing a sum of Rs.12 lac, as such, it can not be said that the petitioner has misappropriated the money allotted for execution of the work under Nal Jal and Nali Gali Scheme in Ward No.12 of Hussaina Gram Panchayat. Learned counsel has also submitted that the work has already been completed.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that the amount, as alleged in the FIR, has been returned back and the work has also been completed, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Biharsharif/concerned court, in connection with Sarmera P.S.Case No.210 of 2019 subject to conditions as laid down under Section 482(2) of BNSS of 2023

7. The learned district court is directed to verify the

Patna High Court CR. MISC. No.22373 of 2025(2) dt.01-05-2025 3/3 criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T