Patna High CourtCR. MISC./29331/2024bail granted

Babita Devi v. The State Of Bihar

2024-04-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29331 of 2024 Arising Out of PS. Case No.-374 Year-2021 Thana- PALIGANJ District- Patna ====================================================== Babita Devi wife of Jagdish Ram Village- Bela PS- Paliganj Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15677 of 2024 Arising Out of PS. Case No.-374 Year-2021 Thana- PALIGANJ District- Patna ====================================================== Ravi Kumar @ Ravi Kant Yadav Son of Madan Yadav Resident of VillageBela, Ps- Paliganj, Distt- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 29331 of 2024) For the Petitioner/s :

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

Mr.Umeshanand Pandit, APP (In CRIMINAL MISCELLANEOUS No. 15677 of 2024) For the Petitioner/s :

Mr.Brajbhushan Mishra, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary.

2. The petitioners seek bail in connection with Paliganj P.S. case No. 374 of 2021 instituted for the offences under Sections 409, 420 of the Indian Penal Code.

3. It is alleged that the petitioners have embezzled the

Patna High Court CR. MISC. No.29331 of 2024(3) dt.25-04-2024 2/3 sum of Rs. 14,84,000/- allocated under the Nal Jal Yojana/Scheme.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel further submitted that petitioners were given the amount of Rs. 14,84,000/- for doing work under the Nal-Jal Yojana but the allotted work could not be completed on time due to Covid pandemic. Learned counsels jointly submitted that the said work has been completed by the petitioners and in support of their contention, learned counsel referred to the Measurement book as verified by the Panchayat Secretary and B.D.O. dated 03.01.2024 (kept at Annexure-2 in Cr. Misc. No. 15677 of 2024). It has been submitted on behalf of the petitioners that the petitioner, namely Babita Devi (in Cr. Misc. No. 29331 of 2024) is in custody since 17.09.2023 whereas petitioner namely, Ravi Kumar @ Ravi Kant Yadav (in Cr. Misc. No. 15677 of 2024) is in custody since 25.08.2023 and both the petiitoners have got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, and taking into consideration the report regarding

Patna High Court CR. MISC. No.29331 of 2024(3) dt.25-04-2024 3/3 the completion of the work as well as the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paliganj P.S. case No. 374 of 2021.

(Rudra Prakash Mishra, J) Alok Verma/- U T