Ganga Jha @ Ganga Prasad Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55225 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Ganga Jha @ Ganga Prasad Jha S/O- Late Yadubir Jha R/O- Pohaddi, P.S.- Behera, Dist- Darbhanga.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha 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 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 409, 420 of the Indian Penal Code.

3. As per prosecution case, it is alleged that in spite of taking advance money by the petitioner along with others, the work of Gali-Nali Yojna has not been done. The petitioner is the Ward Secretary against whom some irregularities were found in completing the work of Gali Nali Scheme.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. It is also submitted vide para 7 of the petition that the petitioner was Ward secretarty of ward No. 12 in the year of 2016 and the

Patna High Court CR. MISC. No.55225 of 2023(2) dt.30-08-2023 2/2 scheme was implemented by the Gram Sabha in the year of 2019-20 Yojna No.2 Nali Gali scheme from the house of Sudhi Jha to the house of Rajanand Chaudhary of estimate of Rs. 1157,400 and the work done for Rs. 11,42,450/-. As per measurement Book whcih was finally prepared by the then Technician Asst. and as such there is no any irregularities. It is further submitted that the petitioner is languishing in judicial custody since 11.7.2023.

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 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 Bahera P.S. Case No. 193 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Benipur, Darbhanga.

(Sunil Kumar Panwar, J) Amandeep/- U T