Akhilesh Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37714 of 2025 Arising Out of PS. Case No.-124 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Akhilesh Gond S/o Rajgrihi Gond R/o vill - Hitan Parari, P.S.- Buxar Industrial Area, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Buxar Industrial Area P.S. Case No. 124/2019, registered for the offence under Sections 420, 406, 409, 34, 120(B) of the Indian Penal Code.
3. The accused/petitioner is not named in the F.I.R. and is in custody since 17.03.2025.
4. The allegation against the petitioner is to defalcate the government amount, which was allotted under 7th Schemes of the Government of Bihar.
5. Learned counsel appearing on behalf of the petitioner submitted that the measurement book for the work done in all the schemes have been duly verified by the Junior Engineer but on a wrong and misstatement of the fact, the present FIR has been
Patna High Court CR. MISC. No.37714 of 2025(3) dt.01-11-2025 2/3 lodged. It is submitted that other named co-accused persons deposited the amount in issue. It is further submitted by learned counsel that the petitioner was the ward member of Ward No. 13 of Gram Panchayat, Khutaha, District- Buxar, in year 2013, the year in which the scheme was launched, and for said simple reason, he was implicated with present case. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, considering the aforesaid factual aspects, the several named coaccused persons, namely, Dharmendra Kumar Singh, Meer Ibnul Hussain, Bhim Kumar Sah and Rasila Devi were granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 28195 of 2021, Cr. Misc. No. 19775 of 2021 and Cr. Misc. No. 24652 of 2021 dated 18.04.2022. Petitioner claimed clean antecedent.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual submissions and by taking note of fact as the measurement book for the work done in the all schemes have been duly verified by the Junior Engineer, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 17.03.2025,
Patna High Court CR. MISC. No.37714 of 2025(3) dt.01-11-2025 3/3 being a man of clean antecedent, accordingly, petitioner above named, is directed to be released on bail in connection with Buxar Industrial Area P.S. Case No. 124/2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-III, Buxar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) veena/- U T