Bebi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25886 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- AAYAR District- Bhojpur ====================================================== 1.

BEBI DEVI W/O LATE NARAYAN SINGH Resident of VillageHadiyabad, P.S.- Ayar, District- Bhojpur. 2.

AJAY KUMAR PANDIT S/O VISHNU SHANKA PANDIT Resident of Village- Hadiyabad, P.S.- Ayar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-07-2023 Heard the learned counsel for the petitioners and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Ayar P.S. Case No.02 of 2023, registered for offences under Sections 420 and 409 of the IPC.

The allegation is regarding irregularities having been committed by the petitioners, who are the Ward Chairman and Ward Secretary of Ward Implementation Committee of Echari Panchayat, in carrying out the Nal Jal Yojana and Nali Gali Yojana. The learned counsel for the petitioners

Patna High Court CR. MISC. No.25886 of 2023(2) dt.07-07-2023 2/3 has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that the petitioners are innocent and in case there is any discrepancy in the work, carried out by the contractor, they are ready to supervise the same and get it completed, nonetheless, it is submitted that in order to show their bonafide, the petitioners are ready and willing to deposit a sum of Rs.50,000/- each, before the Nazarat of the learned civil Court at Bhojpur (Ara), for the purposes of being admitted to the privilege of bail. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioners are ready and willing to rectify

Patna High Court CR. MISC. No.25886 of 2023(2) dt.07-07-2023 3/3 the shortcomings in the aforesaid projects, carried out under their supervision as also are ready to deposit a sum of Rs.50,000/- each, before the Nazarat of learned trial Court, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail, however, subject to them depositing a sum of Rs.50,000/- each, before the Nazarat of learned civil Court, Bhojpur (Ara) and subject to such other conditions, as may be deemed fit and proper to be imposed by the learned Court of Additional Chief Judicial Magistrate-VII, Bhojpur at Ara in connection with Ayar P.S. Case No.02 of 2023.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U T