Dipak Kumar Pandey @ Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40029 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- AMNAUR District- Saran ====================================================== 1.

Dipak Kumar Pandey @ Dipak Kumar S/O Indrajeet Pandey R/O Ward No. 5, Chanakyapuri Colony, P.S. - Dumrao, District - Buxar. 2.

Raj Kumar Dubey S/O Late Lal Bahadue Dubey @ Raj Kumar Dubey R/O Ward No. 17, Satlapur Nador Raisen, Mahdya Pradesh, At Present R/O Back Of I.I.T. Collage, Vikramganj, P.S. - Vikramganj, District - Rohtas. 3.

Nand Kishore Shukla S/O Late Pheku Nath Shukla R/O Village - Chapra Abhiman, P.S. - Amnaur, District - Chapra (saran). ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Gyanti Devi W/O Nagendra Singh R/O Guna Chapra, P.S. Amnaur, Dist.- Saran, Pin 841401 Ward Member Of Ward No. 6, Panchayat Raj Basantpur, Block, Amnaur, Dist. Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Murari Mishra For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 420, 504, 506, 34 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant, who is Ward Member of Ward No.6 of Panchayat Raj Basantpur, alleges that an amount of Rs.9,90,000/- was issued

Patna High Court CR. MISC. No.40029 of 2021(17) dt.24-06-2023 2/3 by her by a cheque on five different dates in favour of Baba Enterprises, but cheques were deposited in the personal account of the petitioner no.1 in the Bank of Baroda. It is next alleged that thereafter laying out of pipe was done by the petitioners and 100 tap connections were given, but rest of the work was not completed.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that petitioner no.1 is proprietor of Baba Enterprises and for the work done, the cheques were issued and it is not the case of the prosecution that no work was done rather allegation is that the work was not completed when the petitioners dispute the said allegation and asserts and submits that all the work were completed.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.40029 of 2021(17) dt.24-06-2023 3/3 Magistrate, Saran at Chapra in connection with Amnour P. S. Case No.40 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T