Birendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3045 of 2015 Arising Out of PS.Case No. -290 Year- 2014 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Birendra Kumar Son of Sri Sur Bihari Mandal resident of village - Hridayganj, P.O. + P.S. Katihar, District - Katihar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Meeta Sinha For the Opposite Party/s : Mr. Surendra Pd.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-01-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the then Executive Officer of the Nagar Parishad, Bettiah is languishing in custody since 24.11.2014 in a case registered for the offences punishable under Sections 409, 420 and 120B of the Indian Penal Code. It is alleged by the present Executive Officer of the Nagar Parishad that in the general meeting dated 24.11.2012 of the Nagar Parishad it was decided to get toilet constructed in different wards for the BPL family and also decided to get construction done through the NGO, who have experience of such work in another Nagar Parishad. Subsequently, the tenders were
Patna High Court Cr.Misc. No.3045 of 2015 (02) dt.22-01-2015 2/2 invited and tender was decided in favour of Sambodhit Sanstha, but the payments were made without the completion of the work when 30% work was completed that too not as per specification. It is submitted by learned counsel for the petitioner that now the work has already been completed, the tender was awarded upon the decision of the Nagar Parishad and the payments were made on the order of Chairman of the Nagar Parishad. Co-accused Vijay Kumar Raut, Assistant dealing with the file of the concerned tender, has been granted bail vide Cr. Misc. No. 42037 of 2014.
Considering the aforesaid facts, let the above named petitioner, 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 learned Chief Judicial Magistrate, Bettiah in connection with Bettiah Town P.S. Case No. 290 of 2014.
(Dinesh Kumar Singh, J) DKS/- U T