Patna High CourtCR. MISC./32350/2020bail granted

Satish Kumar v. The State Of Bihar

2021-02-08Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32350 of 2020 Arising Out of PS. Case No.-34 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== SATISH KUMAR, S/o Mahendra Gupta Resident of Mohalla-Sherganj, Ward No.17, P.S.-Sasaram (T), District-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Choubey For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Mr. Surendra Kumar Choubey, learned counsel for the petitioner and Mr. Ram Naresh Ray, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sasaram (Mufassil) P. S. Case No. 34 of 2019 dated 02.02.2019, instituted for the offences under Section 406 of the Indian Penal Code. The accusation in the F.I.R. is that the petitioner deliberately has not completed the project given to him under the Nal Jal Yojana despite his having received the money for the same.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.32350 of 2020(2) dt.08-02-2021 2/3 submitted that he is a shop-keeper and has supplied the wherewithals for executing the work. The petitioner has not been entrusted with the execution work as the same is required to be completed by a Ward Member, to be nominated by the Committee of the Ward.

The accusation against the petitioner does not make out any case against him, particularly under Section 406 of the Indian Penal Code.

Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (Mufassil) P. S. Case No. 34 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

Patna High Court CR. MISC. No.32350 of 2020(2) dt.08-02-2021 3/3 The application stands allowed.

(Ashutosh Kumar, J) skm/- U T