Ram Bhajan Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40156 of 2024 Arising Out of PS. Case No.-186 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== RAM BHAJAN KEWAT SON OF ROHAN KEWAT RESIDENT OF VILLAGE - BELDAR BIGHA, P.S. - SHAKURABAD, DISTRICT - JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42981 of 2024 Arising Out of PS. Case No.-186 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== RAMA KANT PRASAD SON OF ROHAN KEWAT @ ROHAN LAL RESIDENT OF VILLAGE - BELDAR BIGHA, P.S. - SHAKURABAD, DISTRICT - JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 40156 of 2024) For the Petitioner/s :

Mr.Shiva Shankar Sharma, Adv.

For the State :

Mr.Dilip Kumar No.1, APP (In CRIMINAL MISCELLANEOUS No. 42981 of 2024) For the Petitioner/s :

Mr.Shiva Shankar Sharma For the State :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2024 Since, both the cases are arising out of the same P.S. Case no., both are being taken up and heard together and are being disposed of by this common order.

2.

Heard learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned APP for the State in both the cases.

Patna High Court CR. MISC. No.40156 of 2024(4) dt.13-11-2024 2/3 3.

The petitioners apprehend their arrest in a case in connection with Sakurabad P.S. Case No.186 of 2022, registered for the offence punishable u/s 379, 420, 409/34 of the IPC. 4.

Allegation against the F.I.R. named accused persons including the petitioners is that they have committed misappropriation of Rs.19,69,900/- under Gram Panchayat, Kansua. In spite of making withdrawal of money, no work was done under 7 Nishchaya Yojana of Water Supply Scheme. 5.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case merely on suspicion. Ram Bhajan Kewat (petitioner in Cr. Misc. No.40156/2024) is Ward President and Rama Kant Prasad (petitioner in Cr. Misc. No.42981 of 2024) is the Ward Secretary of Ward No.11. It is submitted that due to outburst of Covid-19 pandemic, the work was not completed but later on the work has already been completed.

6.

Learned APP for the State opposed the prayer for bail. 7.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

Patna High Court CR. MISC. No.40156 of 2024(4) dt.13-11-2024 3/3 8.

Both these applications are accordingly dismissed. 9.

However, petitioners are at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T