Ganesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6869 of 2021 Arising Out of PS. Case No.-199 Year-2020 Thana- SANDESH District- Bhojpur ====================================================== Ganesh Singh, male, aged about 48 years, Son of Late Ram Ratan Singh, R/o Vill.- Baga, P.S.- Ajimabad, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudama Singh, adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2021 Heard Mr. Sudama Singh, the learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Sandesh P.S. Case No. 199 of 2020, dated 20.06.2020, instituted for the offences under Sections 406 and 420 of the Indian Penal Code. The accusation in the F.I.R. is that the work of underground laying down of the pipes was not done by the

Patna High Court CR. MISC. No.6869 of 2021(2) dt.14-12-2021 2/3 petitioner in a proper manner.

It has been submitted on behalf of the petitioner that the scheme under which the work was done was operative between 05.07.2018 to 16.04.2019, but the F.I.R. has been lodged on 20.06.2020, i.e., after about one year of the completion of the work of laying down of pipes. Apart from this, it has been submitted that according to the agreement, it was the informant who had to get the work executed. The petitioner was only responsible for supplying raw materials.

It has further been submitted that the informant is a ward member, who himself was entrusted with the task of executing the work.

The subject F.I.R. has been lodged by the informant only for the purposes of saving his own skin from any future accusation Regard being had to the facts afore-stated, the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in

Patna High Court CR. MISC. No.6869 of 2021(2) dt.14-12-2021 3/3 the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ara (Bhojpur) in connection with Sandesh P.S. Case No. 199 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T