Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49505 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- NASRIGANJ District- Rohtas ====================================================== SUNIL SINGH (Male), aged about 40 years, Son of Sri Jag Narayan Singh, Resident of Village - Dhanaw, P.S.- Nasriganj, Dist.- Rohtas. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Binod Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 15.04.2019 in a case for the offence registered under Sections 409, 420 and 120(B)/34of the IPC.

The prosecution story, in brief, is that on written report of one Manish Kumar, B.D.O., Nasriganj, that the Chairman of Managing Committee of Ward No. 14 of VillageDhanaw, namely, Dhaneshwar Singh and Ward Secretary, Sri Shatrughan Prasad have withdrawn Rs. 60,64,000/- under the Scheme of 'Mukhyamantri Gramin Payjal Nischay and Gali Nali Yojna'. On the basis of physical and financial verification by the Junior Engineer, it was found that the work has been completed for Rs. 25,79,214/- and balance amount of Rs.

Patna High Court CR. MISC. No.49505 of 2019(2) dt.07-08-2019 2/3 34,84,706/- has been withdrawn in connivance with Sanjay Singh who is Karta Dharta of Mukhiya Maya Devi and Panchayat Secretary, Sri Kameshwar Prasad. On perusal of Bank Statement, it appears that Sanjay Singh, husband of former Mukhiya, has transferred the amount in favour of his relatives Sunil Kumar and other Agencies. On the aforesaid basis, necessary action has been taken against Sanjay Singh, Kameshwar Prasad, Dhankeshwar Singh and Shatrughan Prasad and Maya Devi for illegal withdrawal of amount and embezzlement.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is alleged to have supplied the construction material to the Panchayat. He has been made accused in the present case due to mistake of fact. Other coaccused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 36301 of 2019 under order dated 12.06.2019, vide Annexure-4 to the present applicaton. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Patna High Court CR. MISC. No.49505 of 2019(2) dt.07-08-2019 3/3 Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- II, Bikramganj, Rohtas, in connection with Nasriganj P.S. Case No. 231 of 2018.

(Sudhir Singh, J) U.K./- U T