Ranjit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39771 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- KORMA District- Sheikhpura ====================================================== RANJIT KUMAR SINGH Son of Late Ram Sawroop Prasad Resident of village - Lodipur, P.S. - Mehus, Distt. - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghaw Kumar, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 409, 420/34 of the Indian Penal Code.
3. As per prosecution case, all the F.I.R. named accused persons including this petitioner have been found guilty of irregularity in the work and were involved in misappropriation of Government funds.
4. Learned counsel for the petitioner submits that petitioner is neither the work executor nor has any command over the work as he is only an official worker. He next submits that whenever any amount used to come under the joint account of Mukhiya and Panchayat Secretary for earth filling, laying pipes and bricks etc., the same was transferred in the accounts
Patna High Court CR. MISC. No.39771 of 2023(5) dt.16-05-2024 2/3 of ward members and ward secretary for completion of the work and as such, petitioner has not defalcated any Government money. Lastly, he submits that petitioner is ready to deposit Rs. 1,00,000/- (Rs. One Lakh) to the court below in easy installments, without admitting his guilt.
5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Sheikhpura in connection with Korma P. S. Case No. 52 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall refund Rs. 50,000/- (fifty thousand) in the Nazarat at the time of furnishing bail-bond and thereafter, rest amount i.e., Rs. 50,000/- (fifty thousand) shall be deposited in two equal installments i.e. Rs. 25,000/- (twenty five thousand) each within four months in the Nazarat, failing which, the learned court below would be at liberty to cancel the
Patna High Court CR. MISC. No.39771 of 2023(5) dt.16-05-2024 3/3 bail-bond.
6. It is made clear that without going into the merit of the case, this order has been passed only for the purpose of bail and payment of aforesaid amount shall be subject to the final outcome of the case.
(Prabhat Kumar Singh, J) Navya/- U T