Sakaldeo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60983 of 2021 Arising Out of PS. Case No.-321 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== Sakaldeo Mahto Son of Late Lagnu Mahto Resident of Village - Jhakhra Shekh, P.S. - Karja, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Karja P.S. Case No. 321 of 2020, registered for the offence punishable under Sections 420, 409/34 of the Indian Penal Code.

After enquiry, this case has been lodged on the direction of District Magistrate, Muzaffarpur. In the enquiry report it has come that 15,80,000/- (90% of the scheme amount) has been withdrawn by the accused persons including this petitioner who is Ward Member and President of Ward Implementation and Management Committee and the said committee is responsible for not completing the work as per standard. Even, if work shown in measurement book is accepted

Patna High Court CR. MISC. No.60983 of 2021(3) dt.25-03-2022 2/3 to be true, amount of Rs. 94034/- still left to be returned to the government.

It is submitted on behalf of the petitioner that entire allegation is false and concocted. Estimated cost of scheme was Rs. 18,24,600/-, but the amount was issued Rs. 17,50,000/- and work was completed to the tune of Rs. 16,55,966/- which is also mentioned in the measurement book and there is no proof of utility of Rs. 94034/-. Petitioner claims clean antecedent and he is in custody since 15.04.2021. It is next submitted that petitioner is ready to pay Rs. 94034/- within a period of two weeks from the date of release of this petitioner from custody. Considering the facts and circumstances of the case and also undertaking of petitioner, the petitioner above-named, is directed to be enlarged on provisional bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate V, West Muzaffarpur in connection with Karja P.S. Case No. 321 of 2020, subject to the condition that he will deposit Rs. 94034/- within a period of two weeks from the date of release of this petitioner from custody.

Patna High Court CR. MISC. No.60983 of 2021(3) dt.25-03-2022 3/3 period, the provisional bail shall be confirmed by the court below itself.

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