Amarjeet Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31898 of 2025 Arising Out of PS. Case No.-494 Year-2022 Thana- HARNAUT District- Nalanda ====================================================== Amarjeet Ravidas S/o Late Kush Ravidas R/o vill - Kharthua, P.S. - Harnaut, Distt.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sati Ranjan Jamaiyar, Adv.
For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Harnaut (Gokhulpur O.P.) P.S. Case No. 494 of 2022 dated 05.09.2022 registered for the offences punishable under Sections 406, 409, 420 and 120B of the I.P.C.
3. As per the prosecution case, 'Ward Kriyanwayan and Management Committee' Bank A/C bearing No. 6747000100088395, P.N.B. Harnaut, under the scheme of 'Mukhyamantri Saat Nischyay Yojna' under 'Nal Jal Yojna' was operating with the joint signature of the co-accused, Kamlesh Manjhi, who is the Ward Member and the petitioner, who is the Ward Secretary of Gram Panchayat-Basniyawan, Ward No. 5. It
2/4 is further submitted that Rs. 32,40,000/- was made available in the aforesaid bank account by Gram Panchayat-Basnihawa for implementation of the same scheme so that the work of 'Nal-Jal' and 'Gali-Nali' was to be done but according to the measurement book of the said Gram Panchayat, the only work of Rs. 23,92,049/- has been done and remaining amount of Rs. 8,47,951/- has been misappropriated by the Ward Secretary (petitioner) and the co-accused Kamlesh Manjhi (Ward Member).
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the charge sheet has been submitted in the present case. It is further submitted that no government money was allotted in the Bank A/C No. 6747000100088395 which was operated by the petitioner (Ward Secretary), hence, there is no question arises that the petitioner has misappropriated the government money. The petitioner was not at all aware about withdrawal of money as the said account has been operated by the Panchayat Secretary. It is further submitted that the work of the said scheme was done but due to some dispute between the Panchayat Secretary and the Junior Engineer, measurement book has not been completed and wrong
3/4 information has been given. The petitioner has clean antecedent as stated in paragraph no. 4 of the bail petition. He is in custody in this case since 25.01.2025. The co-accused person has already been granted regular bail by this Court vide order dated 16.05.2024 passed in Cr. Misc. No. 65073 of 2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. It is further submitted by the learned A.P.P. for the State by filing a counter affidavit that during investigation, the case was found true against the petitioner on the basis of the oral testimony of the witnesses including the concerned Junior Engineer as well as the documentary evidences, which indicated that an amount of Rs. 8,47,951/- has been misappropriated by the Ward Secretary (petitioner) and the co-accused Kamlesh Manjhi (Ward Member).
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut (Gokhulpur O.P.) P.S. Case No. 494 of 2022 with the following
4/4 conditions:- (i) 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 bonds of the petitioner are liable to be cancelled.
(ii) The petitioner is directed to co-operate in the trial before the learned court below.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T