Shri Ayodhya Prasad Singh @ Ayodhya Prasad Singh, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52814 of 2019 Arising Out of PS. Case No.-197 Year-2018 Thana- GOGRI District- Khagaria ====================================================== SHRI AYODHYA PRASAD SINGH @ AYODHYA PRASAD SINGH, father name not given Ex- Panchayat Secretary, Gram Panchayat Raj, uttari Jamalpur, Resident of village- Salarpur, P.S. Parbatta, District- Khagaria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Rai, Adv For the Opposite Party/s :
Mr.Ramchandra Sahni,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 420,409 and 34 of the Indian Penal Code.
Allegation against the petitioner is that he was Panchayat Secretary and utilized the public fund, for installation of Solar Light, not according to the standard prescribed rather of inferior quality of Solar Light was installed. Submission is that the enquiry of misappropriation was made after nine years i.e. in the year 2018 and the FIR was lodged without verifying the fact that solar lights were installed at the referred places in the year 2009.
Patna High Court CR. MISC. No.52814 of 2019(2) dt.27-08-2019 2/2 Petitioner has got no criminal antecedent. It has been further submitted that some other co-accused has been allowed bail by a Coordinate Bench of this Court vide order dated 03.07.2018 passed in Cr. Misc. No. 36128 of 2018. Co-accused-Smt. Usha Devi @ Usha Devi has also been allowed bail by this Court in Cr. Misc. No. 48982 of 2019.
Considering the aforesaid facts, let the petitioner, above named, be released on bail after framing of the charges on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Gogri Police Station Case No.197 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Nitesh/- U T