Ram Babu Ray @ Ram Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56689 of 2021 Arising Out of PS. Case No.-58 Year-2021 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Ram Babu Ray @ Ram Babu Rai, Son of Late Bittu Ray, Resident of Village Ramaiya, P.S. Mohiuddin Nagar, District Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53916 of 2021 Arising Out of PS. Case No.-58 Year-2021 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Manish Kumar, Son of Rajdeo Rai @ Rajdev Rai, Resident of Village Ramaiya, P.S. Mohiuddinnagar, District Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 56689 of 2021) For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Parmeshwar Mehta (In CRIMINAL MISCELLANEOUS No. 53916 of 2021) For the Petitioner/s :

Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr.Pankaj Kumar For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in connection with Mohiuddin Nagar P.S. Case No.58 of 2021, registered for the offences punishable under Sections 406, 420 and 34 of the Indian Penal Code.

The prosecution case, in short, is that one Angad Kumar Rai, the Panchayat Secretary, Gram Panchayat Raj,

Patna High Court CR. MISC. No.56689 of 2021(2) dt.23-06-2022 2/3 Bhadaiya has given written application to the S.H.O., Mohiuddin Nagar P.S. on 20.03.2021 alleging therein that petitioner Ram Babu Rai, whi is Ward Member of Ward No.8 and petitioner Manish Kumar, Secretary of the Ward withdrew Rs.23,40,300/- under Mukhyamantri Galai Nali Scheme. It is alleged that the scheme, which have been carried out by the petitioners was enquired by the Deputy Collector Land Reforms and during enquiry some discrepancies have been found. Thereafter under direction of the District Magistrate, the Block Development Officer, Mohiuddin Nagar directed the Panchayat Secretary, the informant, for institution of the FIR. Mr. Baxi S.R.P. Sinha, learned Senior Counsel submits that the petitioners are innocent and have falsely been implicated in the present case.

It is submitted that all the work has been completed and the complaint is filed after two years. No specific allegation is alleged against the petitioners. During enquiry, some discrepancies have been found, therefore, the present FIR is lodged against the petitioners.

Patna High Court CR. MISC. No.56689 of 2021(2) dt.23-06-2022 3/3 Nala according to estimate. Secondly it should have been 04" thickness while it was found 02" thickness in inquiry as per estimate and thirdly it was found length of Nali was 1558 while it should have 1800 feet and no measurement book is completed of this work and also quality of PCC and RCC work is also not good." It is further submitted that the petitioners have got criminal antecedents also.

Taking into consideration the aforesaid facts, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

However, if petitioners surrender before the learned court below within a period of six weeks from today and seek regular bail, the learned court below shall consider the prayer for regular bail of the petitioners preferably on the same day without being prejudiced by this order taking into consideration the fact that complaint is filed after two years. (Anjani Kumar Sharan, J.) Sanjay/- U T