Birendra Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59717 of 2021 Arising Out of PS. Case No.-128 Year-2021 Thana- GORAUL District- Vaishali ====================================================== BIRENDRA THAKUR S/O SAKAL THAKUR R/o village- Mansarpur Halaiya, P.S.- Goraual (Kathara O.P.), Distt.- Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Goraul P.S. Case No. 128 of 2021 registered for the alleged offences under Sections 420 and 409 of the Indian Penal Code.
As per prosecution case, the allegation against the petitioner is that being the chairman of Ward Implementation Management Committee, he defalcated Rs. 7,27,853/- along with co-accused secretary from the Nal Jal Yojna. Learned counsel for the petitioner submits that the
2/4 petitioner is innocent and has been falsely implicated in this case. The Mukhiya of his panchayat has been demanding gratification from the funds of Nal Jal Yojna and threatened him. He reported the incident to the Block Development Officer. The work of Nal Jal Yojna of ward no. 7 of Mansurpur Halaiya Panchayat was almost completed and measurement has been forwarded which shows the cost incurred on the work done for Nal Jal Yojna of Rs. 8,78,632/- but in connivance of Mukhiya, Panchayat Secretary and Junior Engineer, this second management book was prepared showing the work of Nal Jal Yojna was completed only for Rs. 2,08,697/-. Nal Jal Yojna was almost completed on 18.12.2019 and FIR was lodged on 12.03.2021.
Learned counsel further submits that as almost all the Nal Jal Yojna was complete, the same Junior Engineer submitted the first measurement book showing that work was almost completed but the same Junior Engineer in connivance with Mukhiya, Panchayat Secretary and other officials prepared second measurement book for the same work showing it to the tune of Rs. 2,08,697/-. Based on the contradictictory report, FIR has been lodged in this case. Charge sheet has been submitted in this case and the petitioner is in custody since 06.06.2021.
3/4 of the petitioner submitting that there appears two contradictory reports by the same Junior Engineer and the fact needs to be clarified otherwise there is specific allegation against this petitioner for not completing the work of Nal Jal Yojna and defalcating the money provided for the same.
Perused the records.
Having regard to the submission made hereinabove and considering the fact that it has been stated on oath on behalf of the petitioner that he has completed the work of Nal Jal Yojna and this fact has been mentioned in the measurement book earlier submitted by the same junior engineer and further having regard to the submission of charge sheet and custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Vaishali in connection with Gorwal P.S. Case No. 128 of 2021, subject to the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
4/4 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
Learned APP is directed to get the facts examined and if it comes to knowledge that there is any false submission made on record, the prosecution may move for cancellation of bail before the learned court below.
(Arun Kumar Jha, J) Gautam/- U T