Patna High CourtCR. MISC./42590/2023bail granted

Sushil Kumar v. The State Of Bihar

2023-07-14Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42590 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- BELA District- Sitamarhi ====================================================== SUSHIL KUMAR Son of Bijli Sah Resident of village-Saurbhar, Police Station-Bela, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Bela P.S. Case No. 35 of 2023, registered for the offence punishable under Sections 406, 409, 420, 34 of the Indian Penal Code.

3. As per prosecution case is that accused persons including the petitioner have withdrawn excess amount of government money which was meant for the purpose of Water Supply Scheme in the village and the petitioner and the others did not produce the measurement book.

4. Learned counsel for the petitioner submits that only 15 lakhs was paid for the work in question though the work of 22,39,904/- was done and it is the petitioner who has to get the

Patna High Court CR. MISC. No.42590 of 2023(2) dt.14-07-2023 2/2 money from the government. Petitioner is in custody since 07.04.2023.

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the nature of allegation and the period of custody, this application is allowed.

7. Let the petitioner, above named, be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Bela P.S. Case No. 35 of 2023. (Sandeep Kumar, J) Ranjeet/- U T