Jai Ram Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46586 of 2022 Arising Out of PS. Case No.-139 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Jai Ram Prasad Son Of Chandradeo Sahani R/O Village- Lalbeghia, P.S.- Chiraiya, District- East Champaran 2.

Urmila Devi Wife Of Ramakant Sahani R/O Village- Lalbeghia, P.S.- Chiraiya, District- East Champaran 3.

Haichi Devi @ Laichi Devi Wife Of Sheo Sagar Sahani R/O VillageLalbeghia, P.S.- Chiraiya, District- East Champaran 4.

Manorma Devi Wife Of Jitendra Sahani R/O Village- Lalbeghia, P.S.- Chiraiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chiraiya P.S. Case no. 139 of 2021 instituted for the offence under Sections 406, 409, 34 of the Indian Penal Code. The prosecution case is that the Har Ghar Nal Yojna has to be completed within 45 days but the petitioners have not completed the work within stipulated time.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.46586 of 2022(2) dt.14-12-2022 2/3 petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. They have falsely been made accused in this present case due to dirty village politics as well as dispute with the informant. It is further submitted vide para 7 of the petition that during course of investigation, the informant conducted the physical verification on 6.6.2022 and found that the work has been completed and Nal Jal Yojna is functioning properly. It is further submitted that there is no defalcation of the government money.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Chiraiya P.S. Case no. 139 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahana at Dhaka, East Champaran subject to the conditions

Patna High Court CR. MISC. No.46586 of 2022(2) dt.14-12-2022 3/3 as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T