Dilip Kumar @ Dilip Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43235 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- BELA District- Sitamarhi ====================================================== Dilip Kumar @ Dilip Kumar Rai S/O- Late Fakira Rai Village- Panchayat Raj Manpaur @ Saurbhar Ps- Bela Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner apprehends arrest in connection with registered for the offence under sections 406, 409, 420/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. It is further submitted that from the measurement books annexed as Annexure-3 it appears that petitioner has constructed two PCC works of Rs. 2,78, 187.89 and Rs. 10,53,588/- and Nal Jal Yojna of Rs. 12,46,152/- and it is apparent that the work of altogether Rs. 25,77, 927/- has been done as against the money allotted i.e. Rs. 25,06,436/-. It is further submitted that from the
Patna High Court CR. MISC. No.43235 of 2023(2) dt.04-08-2023 2/2 aforesaid calculation it is evident that an excessive work amounting to Rs. 72, 879.80 has been done by the petitioner. Petitioner has no criminal antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named, is directed to be released on bail on furnishing personal bond to the satisfaction of Sub Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Bela P.S. Case No. 35 of 2023 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) mcv/- U T