Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55665 of 2024 Arising Out of PS. Case No.-397 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== Ranjeet Kumar Son of Viswanath Singh R/O Vill.- Mira Bigha, P.S.- Ghoshi, Dist.- Jehanabad.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Neeraj, Adv.
For the State :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-04-2025 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 offence punishable under Sections 420/409 of the Indian Penal Code.
3. The allegation in the First Information Report is that the ward member and the ward secretary of village Murgiyachak have committed embezzlement in the course of execution of Nal Jal Scheme of Bihar Government in ward no. 11 of village Murgiyachak. It has been alleged that an amount of Rs. 14,99,900/- has been disbursed and transferred into the account of the ward execution and management committee for providing water supply in 155 houses but in 35 houses, the water has not been supplied. Hence, the FIR. The petitioner is the ward secretary.
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4. Learned counsel for the petitioner submits that the present FIR has been lodged on the basis of a complaint made before the Public Grievances Redressal Officer, Jehanabad which is a part of the First Informant Report and a perusal of the same would go to show that the entire Nal Jal scheme is for 220 houses out of which the water is being supplied in 155 houses and in the remaining 35 houses, the connection has already been made by laying the pipes in village Murgiyachak. The grievance of the complainant in the said complaint is that there should be a boring in the village Murgiyachak. On such allegations made in the complaint, the learned counsel for the petitioner submits that even as per the allegations the work under the Nal Jal Scheme has mostly been done and for the remaining houses where the water supply has not reached even at those places the connection has been done as per the complaint of the complainant.
5. Learned counsel for the informant further draws the attention of the Court to the copy of the measurement book which is annexed as Annexure-2 to the present application which would also go to show that the work amounting to Rs. 14,45,900/- has already been completed.
6. Learned APP for the State, however, opposes the
3/4 prayer of anticipatory bail to the petitioner by referring a report of the BDO, Ghosi which has been annexed along with the counter affidavit.
7. I have perused the documents and upon perusal of the same, it would appear that the proposal was of covering 220 houses under the Nal Jal Scheme for which Rs. 14,99,900/- had been allotted. It would further appear from the document that the water supply has reached 174 houses and the supply has not been given in 46 houses due to absence of connection and hence, Rs. 54,000/- remains to be adjusted.
8. Taking into consideration the rival contentions of the parties and especially taking into the consideration the fact that most of the work under Nal Jal Scheme has already been completed and the FIR and complaint of the complainant also would disclose that it was only few houses where the connection has not reached, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Ghoshi P.S. Case
4/4 No. 397 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Soni Shrivastava, J) devendra/- U T