Ramayan Prasad Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37081 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- INARWA District- West Champaran ====================================================== 1.

RAMAYAN PRASAD PATEL S/o Daroga Patel Adhyaksha, Kriyanavyan and Prabhandhan Samiti, Ward No. 7, Gram Panchayat Raj, Pidari, the Mukhya Mantri Gramin Peyjal Nishchay Yojna, R/o village- Pidari, P.S.- Inarwa, District- West Champaran 2.

PREM CHANDRA THAKUR S/o Late Raghunath Thakur Sachiv, Kriyanavyan and Prabhandhan Samiti, Ward No. 7, Gram Panchayat Raj, Pidari, the Mukhya Mantri Gramin Peyjal Nishchay Yojna, R/o villagePidari, P.S.- Inarwa, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 420, 409, 120-B/34 of the Indian Penal Code.

Allegedly, Rs. 7,09,293/- sanctioned vide Plan No. 03/1718 in respect of Mukhyamantri Gramin Peyjal Yojana, meant for public work was misappropriated by the accused persons.

Patna High Court CR. MISC. No.37081 of 2020(2) dt.14-07-2021 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The petitioner No. 1 is Ward Counsellor whereas the petitioner No. 2 is Ward Secretary.

From perusal of Annexuire-3 to the application, it appears that the public work has already been completed and the balance amount has already been returned to the government account. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate, Bettiah, West Champaran in connection with Inarwa P.S. Case No. 08 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.37081 of 2020(2) dt.14-07-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T