Ajay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39296 of 2020 Arising Out of PS. Case No.-121 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

AJAY RAM Son of Arjun Ram Resident of Village - Teliya Dih, P.S.- Muffasil, Distt.- Aurangabad.

2.

DAROGA YADAV Son of Ramji Yadav Resident of Village - Teliya Dih, P.S.- Muffasil, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2021 Heard Mr. Rajesh Kumar, learned Advocate for the petitioners and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioners, who are the Chairman-cumWard Member and the Secretary respectively, seek bail in anticipation of their arrest in connection with Muffasil P.S. Case No. 121 of 2019 dated 06.06.2019 instituted for the offences under Sections 406, 409, 420, 353, 34 of the Indian Penal Code.

The accusation against them and others is of

Patna High Court CR. MISC. No.39296 of 2020(2) dt.07-12-2021 2/3 having misappropriated the advance amount against Mukhyamantri Saat Nischay Yojna.

Learned counsel for the petitioners has submitted that the work entrusted to the petitioners has already been executed and a certificate to that effect has been issued by the Circle Officer. It appears that out of confusion, the aforesaid F.I.R. has been lodged against him without verifying the facts. There is no allegation in the F.I.R. of rendering sub-standard work. The only accusation is that the money has been misappropriated.

In the event of the entire work having been concluded at the instance of the petitioners, such accusation does not have any force.

Considering the aforenoted submissions on behalf of the petitioners, they are directed to be released on bail in the event of their 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

Patna High Court CR. MISC. No.39296 of 2020(2) dt.07-12-2021 3/3 their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Muffasil P.S. Case No. 121 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T