Hareram Kumar @ Hareram Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43109 of 2023 Arising Out of PS. Case No.-682 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.
Hareram Kumar @ Hareram Singh Son Of Kamal Nayan Singh Resident Of Village-Bhadaus, Panchayat Raj Bhadausi, P.S.-Sheikhpura (Sirari O.P.), District-Sheikhpura 2.
Punjabi Thakur Son Of Late Gaya Thakur Resident Of Village-Bhadaus, Panchayat Raj Bhadausi, P.S.-Sheikhpura (Sirari O.P.), District-Sheikhpura 3.
Dhananjay Kumar Son Of Ram Das Prasad Singh Resident Of VillageBhadaus, Panchayat Raj Bhadausi, P.S.-Sheikhpura (Sirari O.P.), DistrictSheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 409, 120B of the Indian Penal Code.
3. Petitioners are said to have committed the offence of embezzlement of government money as they were not intended to complete the work for which they had withdrawn the money.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.43109 of 2023(7) dt.11-01-2024 2/3 the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner no. 1 is ward chairman, petitioner no. 2 is Mukhiya of gram panchayat and petitioner no. 3 is ward Secretary. He submits that so far Scheme No. 03 of 2018-19 is concerned, the scheme was alloteed under fifth finance commission and Rs. 107500/- was paid to the Panchayat Sachiv but no work was done and the said amount has been deposited in the account of Panchayat. So far as Scheme No. 05 of 2018-19 is concerned, it was allotted under Mukhyamantri Sat Nischaya Yojna and the work was done by the ward sachiv and ward member. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that the alleged work has been completed by the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is
Patna High Court CR. MISC. No.43109 of 2023(7) dt.11-01-2024 3/3 pending/successor court in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 682 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T