Binod Singh @ Sri Binod Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36778 of 2023 Arising Out of PS. Case No.-471 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== BINOD SINGH @ SRI BINOD SINGH S/O PACHU SINGH R/O Village. Kharouna, PS. Lalganj, Dist. Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Bela Singh,Advocate For the Opposite Party/s :
Mr.Parmeshwar Mehta,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 03.02.2023 in connection with Lalganj P.S. Case No. 471 of 2022, F.I.R. dated 18.12.2022 registered for the offence punishable under Sections 409, 420, 34 of Indian Penal Code.
3. The petitioner being the W.I.M.C. President has committed misappropriation for the work in Ward No.11 and has withdrawn Rs. 14,999,00/-, whereas Mapipust amount is Rs.8,95,000/-.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is President of Ward No.11 of the Ward
Patna High Court CR. MISC. No.36778 of 2023(3) dt.03-08-2023 2/2 Implementation and Management Committee and the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Further submits that the filing of the present FIR, the work in question has been completed by the Executive Agency and thereafter rest amount of Rs.2,45,000/- has been deposited in the account of Panchayat and for this effect the Junior Engineer has issued a certificate stating therein that the work in question has been completed and the rest amount has been deposited in the concerned account. Further submits that co-accused, namely, Sharmila Devi has been granted bail by a Coordiante Bench of this Hon'ble Court vide order dated 10.05.2023 passed in Cr. Misc. No.24577 of 2023 and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 03.02.2023.
5. The provisional bail granted to the petitioner vide order dated 28.06.2023 is hereby confirmed.
6. Accordingly, this application stands disposed of. (Rajesh Kumar Verma, J) Nitesh/- U T