Satyendra Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77635 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- AMBA District- Aurangabad ======================================================

1. Satyendra Paswan, S/o Mosafir Paswan, R/o Vill.- Tetarian, P.O.- Padriya, P.S.- Simara, District- Aurangabad.

2. Parasnath Mehta, S/o Dubri Mehta, R/o Vill.- Tetrain Bigha, P.O.- Padariya, P.S.- Simra, Dsitrict- Aurangabad.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 Petitioners apprehend their arrest in connection with Amba P.S.Case No. 96 of 2018 registered for the offences punishable under Sections 406 and 420/34 of the Indian Penal Code.

Allegation against the petitioners, who are Ward Members, is that they have transferred the amount under the scheme of Mukhya Mantri Gramin Pay Jal Aapurti Nishchay Yojna to the account of different private agencies for completion of the work.

Submission of learned counsel for the petitioners is that FIR itself shows that some work has already been done and petitioners have transferred the money to the private agency so as to complete the work and as such no case is made out against

Patna High Court Cr.Misc. No.77635 of 2018(2) dt.02-01-2019 2/2 the petitioners.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let petitioners, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Amba P.S.Case No. 96 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and petitioners have to co-operate in investigation of the case, otherwise their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T