Shambhu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54297 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- JURAWANPUR District- Vaishali ====================================================== SHAMBHU JHA Son of Late Raghunath Jha Resident of Village - Raghopur, P.S.- Jurawanpur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 409, 406/34 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that total Rs. 18 lacs was allotted to the petitioner and co-accused persons for completion of work under scheme of Nal Jal Yojana but the said amount has been defalcated and work has not been completed by the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is ward member of the concerned Panchayat due to which the petitioner has falsely been implicated in this case. It is

Patna High Court CR. MISC. No.54297 of 2023(3) dt.03-10-2023 2/2 further submitted that the Block Development Officer (BDO), Raghopur has certified that the remaining work has been completed by the petitioner and he submitted a report vide letter no. 632 dt. 15.6.2023 which is evident from para-3 of the supplementary affidavit. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, he is languishing in judicial custody since 9.5.2023.

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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jurawanpur P.S. Case No. 111 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T