Dhruv Nath Tiwari @ Dhruavnath Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9903 of 2021 Arising Out of PS. Case No.-195 Year-2019 Thana- DURAULI District- Siwan ====================================================== Dhruv Nath Tiwari @ Dhruavnath Tiwari Son of Sudarshan Tiwari r/o Village- Bhojpurwa, P.S.- Manjhagarh (Manjha), District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Durauli P. S. Case No. 195 of 2019 registered under sections 409 and 420 of the Indian Penal Code.

As per allegation in the F.I.R., the petitioner who is a contractor had been given a sum of Rs.12 lacs for work to be carried out under the Nal Jal Yojna. It is stated that inspite of reminders, he had not completed the work and as such the F.I.R. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case and the allegations as levelled in the F.I.R. are false and concocted. From perusal of the F.I.R. itself it would transpire that the allegation is of the petitioner not having completed the work and

Patna High Court CR. MISC. No.9903 of 2021(2) dt.07-06-2021 2/2 there is no allegation of misappropriation of any amount by the petitioner. On the contrary, it is submitted that the petitioner has completed the work and whatever differences remained, he undertakes to complete the same to the satisfaction of the authorities on being enlarged on bail. He is in custody since 30.9.2020 and investigation in the case has concluded. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the nature of allegations together with the period in custody and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Durauli P. S. Case No. 195 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan.

(Partha Sarthy, J) Bibhash U T