Ram Pravesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38483 of 2022 Arising Out of PS. Case No.-38 Year-2015 Thana- SIGAUDI District- Patna ====================================================== Ram Pravesh Singh S/O Late Sukhdeo Singh @ Sahdeo Singh Resident of Village- Bairiyana, P.S.- Sigori, District- Patna. ... ... 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. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-02-2023 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 409, 420, 465, 468, 477(A)/34 of the Indian Penal Code.

The prosecution case, in brief, is that an F.I.R. was lodged by the District Magistrate, Rastriya Khadya Nigam, Patna, on an enquiry conducted by the D.C.L.R., Paliganj for procurement of paddy in Paliganj Block made by NadhariKodhari PACS, it was found that 55 revenue receipts submitted by the beneficiaries were forged and fabricated causing loss of

2/4 crores of rupees to the Government exchequer. It is further alleged that the revenue receipts submitted by the beneficiaries were verified to be correct by the petitioner, who was the then PACS, Chariman.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that on the basis of report of Circle Officer, Paliganj in respect of 68 revenue receipts in question, the petitioner issued the cheques for payment of subsidy. He further submits that on the basis of the enquiry report of the D.C.L.R., the same was sent to the District Magistrate, Patna, the name of the farmers were also find place of whom revenue receipts were found fabricated during the course of enquiry by Halka Karamchari and those farmers have also been made accused in the present case. He further submits that during investigation it has come that the petitioner issued the cheques in favour of the farmers but after received the report from the D.C.L.R.

He further submits that the Circle Officer namely Shrawan Kumar who has also been made accused in the present case has been granted the privilege of anticipatory bail vide order dated 12.05.2016 in Cr. Misc. No. 8997 of 2016.

3/4 chargesheet against the petitioner and the petitioner is in custody since 05.05.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner on the ground that the petitioner carries two more cases other than the present one but fairly submits that the police has submitted final form in favour of the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sigori P.S. Case No. 38 of 2015, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

4/4 any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T