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Patna High CourtCR. MISC./37483/2020bail granted

Satya Narayan Mochi v. The State Of Bihar

2021-04-09Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37483 of 2020 Arising Out of PS. Case No.-14 Year-2018 Thana- PANDARAK District- Patna ============================================== SATYA NARAYAN MOCHI son of Late Jangli Mochi Resident of Villageand P.O. Kanchanpur, P.S.- Bihta, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Pd. Singh, Adv.

:

Mr.Pushpendra Priyedarshi, Adv.

For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-04-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Pandarak P.S. Case No. 14 of 2018 instituted for the offences under Sections 409, 420 and 34 of the Indian Penal Code.

It has been alleged in the First Information Report

Patna High Court CR. MISC. No.37483 of 2020(2) dt.09-04-2021 2/3 which has been lodged by the concerned Block Development Officer that the money meant to be spent on Government project has not been spent but bills have been made in a fraudulent manner.

Learned counsel for the petitioner has submitted that entire accusation is false. The work had to be executed by the Contractor at the behest of the local Mukhiya. The petitioner was only a Panchayat Secretary who has now retired. Apart from this, It has been submitted that the entire work has been done and if the petitioner would have been asked to explain, he would have definitely done so. The prosecution has been lodged after the retirement of the petitioner.

Considering the afore-noted arguments, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.37483 of 2020(2) dt.09-04-2021 3/3 Chief Judicial Magistrate, Barh, Patna, in connection with Pandarak P.S. Case No. 14 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T