Patna High CourtCR. MISC./38932/2020allowed

Ajeet Kumar v. The State Of Bihar

2021-02-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38932 of 2020 Arising Out of PS. Case No.-315 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Ajeet Kumar, Son of Shri Triloki Yadav, Resident of Village- Ajwan Bala Thakoor, Post Office- Ajwan, Police Station - Naubatpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Helal Ahmad, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Naubatpur P.S. Case No. 315 of 2020 for the offence under Sections 409 and 420/34 of the Indian Penal Code. Allegation against the petitioner is that he was connected with the implementation of Chief Minister Seven Nishay Scheme, as Secretary of the Managing Committee of Ward.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 14.07.2020. He further submits that out of Rs. 16,40,100/- allocated for the scheme, there is entry of Rs.11,00,000/- and odd in the measurement book. He also submits that it is a matter of accounting and not a case of embezzlement.

Patna High Court CR. MISC. No.38932 of 2020(2) dt.12-02-2021 2/2 Considering the fact that the petitioner has got no criminal antecedent and there is entry of Rs.11,00,000/- and odd in the measurement book, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees one lakh) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Danapur in connection with Naubatpur P.S. Case No. 315 of 2020 with the condition that the petitioner shall deposit Rs.1,00,000/- (One lakh) cash in the court below and the same shall abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.1,00,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

(Anil Kumar Upadhyay, J) uday/- U T