Amiri Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.404 of 2019 Arising Out of PS. Case No.-48 Year-2018 Thana- SONBERSA District- Sitamarhi ====================================================== Amiri Paswan S/o Late Dorik Paswan R/o vill.- Purandaha Rajwara, Ward No. 11, P.S.- Sonbarsa, Distt. Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Sonbarsa PS Case No. 48 of 2018 for the alleged offence punishable under Sections 420, 406 and 409 of the Indian Penal Code.

Learned counsel representing the petitioner submits that petitioner has no criminal antecedent. He has been made accused in the instant case in connection with defalcation of Rs.13,24,061/- in relation to tube well scheme. Learned counsel further submits that Sukan Baitha,Panchayat Secretary, who is directly connected with the execution of the project has deposited the entire misappropriated amount.

Patna High Court Cr.Misc. No.404 of 2019(2) dt.30-01-2019 2/2 Considering the fact that petitioner has no criminal antecedent and the entire amount was deposited by the Panchayat Secretary, and the petitioner is in custody since 04.11.2018, this application is allowed. Accordingly, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa PS Case No. 48 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U T