Shrimati Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51181 of 2024 Arising Out of PS. Case No.-37 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== Shrimati Shanti Devi W/o- Darshan Mukhiya Village- Bathana Ps- Bairiya Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code.

3. As per the prosecution case, the petitioner being Chairman and the co-accused persons committed irregularity in the scheme of Gramin Nal Jal Yojna and Gramin Gali-nali Pakki Karan Yojna in Bathna Panchayat. They have got the work completed through contractor which is prohibited by Ward Implementation and Management Committee.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. As per Annexure-2, the work has already been completed and

Patna High Court CR. MISC. No.51181 of 2024(2) dt.20-09-2024 2/2 the report submitted by Block Panchayat Officer, Bairiya, West Champaran shows that there is no any embezzlement of government money by the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The co-accused has been granted anticipatory bail by this Court vide order dated 22.02.2023 passed in Cr. Misc. No. 42653 of 2022.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 37 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T