Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53162 of 2024 Arising Out of PS. Case No.-859 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Raj Kumar Paswan Son of Jiwan Paswn Resident of Vill- Repura Rampur Vishwanath, P.S.- Saraiya (Jaitpur O.P.), District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 409, 419, 420/34 of the Indian Penal Code.

3. As per the prosecution case, the informant alleges about illegality and misappropriation in Nal Jal Scheme of Gram Panchayat Rampur Vishwanath in Ward No. 7.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits the petitioner being the Secretary of the Ward Implementation and Management Committee has no role in execution of the scheme in question

Patna High Court CR. MISC. No.53162 of 2024(3) dt.06-09-2024 2/2 and is expected to maintain the record as per direction of the Chairman of the Committee i.e. Ward Member. One of the coaccused have been granted regular bail by a Co-ordinate Bench of this Court vide order dated 05.01.2024 passed in 45337 of 2021. The petitioner has no criminal antecedent and has been languishing in custody since 28.03.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Saraiya P.S. Case No. 859 of 2020.

7. However, the petitioner is directed to co-operate in the trial. If, the petitioner will not appear on two consecutive dates, then the learned Trial Court shall be at liberty to cancel the bail bond of the petitioner.

(Anjani Kumar Sharan, J) anand/- U T