Lalit Sardar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55301 of 2023 Arising Out of PS. Case No.-218 Year-2020 Thana- PIPRA District- Supaul ====================================================== 1.
Lalit Sardar S/O Badri Sardar @ Badri Narayan Sardar R/O Village- Chhint Dubiyahi, Ps. Pipra, Dist. Supaul (BIHAR) 2.
Dinesh Sardar S/O Bhumi Sardar R/O Village- Chhint Dubiyahi, Ps. Pipra, Dist. Supaul (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Anand For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 406, 407, 409, 420 and 120B of the Indian Penal Code.
3. As per prosecution case, co-accused persons along with this petitioners committed irregularity in the construction of lane drainage under Gali Nali Pakkikaran Yojana in the concerned ward and defalcated the money of the Government.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They have not
Patna High Court CR. MISC. No.55301 of 2023(2) dt.30-08-2023 2/3 committed any defalcation as alleged in the FIR. It is further submitted that the aforesaid construction work was to be done by Ward Vikas Samiti under the Chairmanship of Ward members of the concerned ward, petitioners have no role in implementing the aforesaid scheme of Government, the petitioner No. 1 being the son of the Badri Sardar, the Mukhiya of the Gram Panchayat, who has already been granted bail by the different co-ordinate Bench of this Court vide Annexure-3 of this petition. So far as petitioner No.2 is concerned, he was working as a labourer only. It is also submitted that petitioner No.1 has already deposited the money of defalcation and to this effect, the Block Development Officer, Pipra has submitted a report which has been annexed in this petition as Annexure-2. The petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 11.10.2022.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pipra P.S. Case No. 218 of
Patna High Court CR. MISC. No.55301 of 2023(2) dt.30-08-2023 3/3 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul.
(Sunil Kumar Panwar, J) Shubham/- U T