Patna High CourtCR. MISC./61941/2023allowed

Ramudgar Paswan v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61941 of 2023 Arising Out of PS. Case No.-78 Year-2016 Thana- RAJNAGAR District- Madhubani ====================================================== Ramudgar Paswan S/O Late Kushe Paswan Village Salempur, P.S. Pandaul, District Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 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 and 34 of the Indian Penal Code.

3.Allegation against the petitioner is that he embezzled the Government fund of Rs. 3,39,354/- which was given for the purpose of building construction of the school.

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 village politics. It is further submitted from para-14 of this petition that the petitioner has not embezzled the Government fund rather he released the fund to the contractor as per his assigned work and most of the

Patna High Court CR. MISC. No.61941 of 2023(2) dt.18-09-2023 2/2 construction work has been completed and in support of this, Annexure-2 has been annexed in this petition. Moreover, the petitioner is languishing in judicial custody since 26.03.2023.

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 Rajnagar P.S. Case No. 78 of 2016 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.-I, Madhubani.

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