Samauli Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59592 of 2024 Arising Out of PS. Case No.-6 Year-2023 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Samauli Sada Son of Late Uchit Sada Village- Khaira Bishanpr, P.S.- Piri Bazar, District- Lakhisaraai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Piri Bazar P.S. Case No. 06 of 2023 dated 21.01.2023 registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that Rs.12,25,500/- was allotted for the work of Chief Minister Peyjal Nischay Yojana to the Ward Member of Ward No.11 namely Sri Samauli Sada (the petitioner) and Ward Secretary Sri Lagan Sada but the same was not completed and no interest was being taken by them for its completion and as such both

Patna High Court CR. MISC. No.59592 of 2024(3) dt.26-10-2024 2/3 defalcated the government money.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the then Chairman of Ward Implementation and Management Committee for Nal Jal Yojana work. Learned counsel for the petitioner has submitted that the amount of Rs. 3,00,000/- and Rs. 7,00,000/- has already been transferred to the account of Durga Construction through RTGS just after receiving of the said amount as it would appear from the account details. The name of the petitioner has transpired in this case merely on suspicion. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.12.2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Lakhisarai, in connection with Piri Bazar P.S. Case No. 06 of 2023, with a condition:-

Patna High Court CR. MISC. No.59592 of 2024(3) dt.26-10-2024 3/3 (i) That the he petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner will liable to be canceled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T