Shashikant Chaursiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33099 of 2023 Arising Out of PS. Case No.-500 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== Shashikant Chaursiya, Son Of Late Kamlakant Chaurasiya, R/O-Semriman, P.S.-Jogapatti (Nawalpur), Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, in the present case, is the ward Secretary of Ward no.12 under Gram Panchayat Raj, Siswa Bairagi in the District of West Champaran. He is seeking prearrest bail in connection with Jogapatti (Nawalpur) P.S. Case No.500 of 2022 registered for the offences punishable under Sections 420 and 409/34 of the Indian Penal Code. The petitioner has got no criminal antecedent.

3. As per the prosecution story, the informant, who is Panchayat Secretary, Gram Panchayat Raj Siswa Bairagi, alleges that the Chairman of Ward no.12, namely Shri Rajan Kumar Singh and the Secretary Shashikant Chaurasiya (petitioner) did not complete the work allotted to them under

Patna High Court CR. MISC. No.33099 of 2023(2) dt.21-07-2023 2/3 Mukhyamantri Gramin Payjal Yojna and accordingly, they misappropriated the amount of Rs.16,40,380/-.

4. Learned counsel for the petitioner submits that the petitioner has completed the work in question and learned counsel has instruction to say that the entire work has been completed. It is submitted that earlier the work could not be completed because of the corona period.

5. Learned A.P.P. for the State submits that the submission of the petitioner needs to be verified and for that purpose if the petitioner surrenders in the learned court below and the learned court below satisfies itself with the work done by the petitioner, his prayer for regular bail may be considered.

6. Having regard to the facts and circumstances of the case and the stand taken by the petitioner, this Court grants liberty to the petitioner to surrender within a period of four weeks from today in the learned court below and make a prayer for regular bail. In the meantime, the Panchayat Secretary, Gram Panchayat Raj Siswa Bairagi must submit a report in the court below as to the present status of the work and whether the work has been completed.

7. On the surrender of the petitioner in the court below, his prayer for regular bail shall be considered keeping in

Patna High Court CR. MISC. No.33099 of 2023(2) dt.21-07-2023 3/3 view the report of the Panchayat Secretary (the informant).

8. For a period of four weeks from today, no coercive action shall be taken against the petitioner.

9. This application is disposed of.

(Rajeev Ranjan Prasad, J) arvind/- U T