Raj Kishore Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49877 of 2023 Arising Out of PS. Case No.-257 Year-2022 Thana- KOTWA District- East Champaran ====================================================== Raj Kishore Chaudhary Son Of Laxmi Choudhary R/O-Bhopatpur Kurmi Tola, P.O. And P.S.-Kotwa, Distt.-East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 409, 420/34 of the Indian Penal Code.

3. It is alleged against the petitioner that being Ward Member of Ward No. 6 of the Bhopatpur Uttari Gram Panchayat, he was allotted Rs. 50,45,500/- for the execution of Nal-Jal and Gali-Nali yojana but he completed the work to the tune of Rs. 25,06,791/- and thereafter, neither balance amount was deposited nor work was completed by the petitioner and the government money was misappropriated by the petitioner in conspiracy with ward member and other accused persons.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.49877 of 2023(3) dt.18-09-2023 2/2 that petitioner is innocent and he has falsely been implicated in this case. It is further submitted vide para 8 & 9 of the petition that the petitioner has completed the work to the tune of Rs. 25,06,791/- and the remaining work of Rs. 29,32,874/- is under progress. The petitioner undertakes to complete the remaining work within a period of six months. The petitioner is languishing in custody since 17.12.2022.

5. Considering the fact that petitioner is ready to complete the remaining work within six months and the period under custody, let the petitioner, above named, be released on provisional bail for a period of six months on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Kotwa P.S. Case No. 257 of 2022.

6. The provisional bail of the petitioner will be confirmed by the learned Court below on showing completion certificate of the work allotted to the petitioner. (Sunil Kumar Panwar, J) Amandeep/- U T