Patna High CourtCR. MISC./49614/2023bail granted

Shyam Sundar Rai v. The State Of Bihar

2023-09-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49614 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

Shyam Sundar Rai Son of Sonelal Rai Resident of village - Depura Nawada, P.S. - Dalsinghsarai, Distt. - Samastipur 2.

Guddu Kumar Son of Ram Pravesh Ray Resident of village - Depura Nawada, P.S. - Dalsinghsarai, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner, State and informant.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 406 and 420 of the Indian Penal Code.

3. It is alleged that petitioners, being Adhyaksh and Sachiv of Ward No. 14 of Nawada Panchayat respectively, withdrawn Rs. 13,72,000/- for work under Nal-Jal Yojna and Rs. 2,00,000/- for Pakki Gali Nali Yojna, but they did not complete entire work and thus, misappropriated government fund of Rs. 2,15,419/- and also embezzled Rs. 1908/- under Nal-Jal Yojna.

Patna High Court CR. MISC. No.49614 of 2023(3) dt.21-09-2023 2/2

4. It is submitted on behalf of petitioners that from bare perusal of Measurement Book (Annexure 2 series), it is apparent that work with respect of Rs. 2,15,417/- has already been completed, duly signed by the Superintending Engineer and balance amount of Rs. 1908/- of Nal-Jal Yojna has already been deposited in the bank account of the Executive Committee of Ward No. 14, vide Annexure - 3.

5. Learned counsel for the informant has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - I, Dalsinghsarai, District - Samastipur in connection with Dalsinghsarai P.S. Case No. 229 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T