Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27888 of 2022 Arising Out of PS. Case No.-140 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== SUNIL KUMAR S/o- Ram Chandra Rishideo @ Chandar Rishidev R/o village - Alamnagar, (Gram Panchayat- Alamnagar Purvi), P.S. - Alamnagar, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 406, 409 and 420 of the Indian Penal Code.

As per the prosecution case, the petitioner Sunil Kumar working in the capacity of Vikas Mitra did not complete the work of Community Hall-cum-Work Shed for which he had already withdrawn 94% of the sanctioned amount i.e Rs. 5,65,000/- out of Rs. 5,99,600/-.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.27888 of 2022(2) dt.15-09-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petitioner. It is further submitted that rest of the work would be completed by the petitioner after his release from custody. The petitioner is in custody since 26.12.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that government money was embezzled by the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, Udakishunganj, Madhepura, in connection with Alamnagar P.S. Case No. 140 of 2021, with one condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T