Patna High CourtCR. MISC./45337/2021bail granted

Deepak Tiwari @ Malik v. The State Of Bihar

2022-01-05Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45337 of 2021 Arising Out of PS. Case No.-859 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Deepak Tiwari @ Malik S/o Late Ramchandra Tiwari Resident of VillageSadhanpura, P.S.- Kathaiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks regular bail in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 859 of 2020 instituted for the offences under Sections 409, 419, 420 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 21.04.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that informant in the F.I.R. alleges about illegality and misappropriation in Nal Jal Scheme of Gram Panchayat Rampur Vishwanath in Ward No. 7.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.45337 of 2021(2) dt.05-01-2022 2/2 allegation is not of misappropriation of money rather the allegation is of taking action against the Ward Member, Ward Secretary and Proprietor of G.M. Enterprises as recommended by one Pappu Kumar, Technical Assistant. Learned counsel submits that prima facie no case under Section 409, 419 and 420 of the I.P.C. is made out.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 21.04.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV (West) Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 859 of 2020.

(Satyavrat Verma, J) Rishi/- U T