Bandhu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63759 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- CHARPOKHARI District- Bhojpur ====================================================== Bandhu Thakur S/O Sudhan Thakur R/O Vill - Chandi, P.S. - Charpokhari, Distt. - Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 406, 409, 420/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused persons have misappropriated the public money inter alia alleging that the work of soil filling and pebhar block under Garhani Block under Harpur Panchayat, Ward No. 12 has not been completed under stipulated time period despite

Patna High Court CR. MISC. No.63759 of 2023(2) dt.12-10-2023 2/3 advance withdrawal of Rs. 3 Lakhs.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is the chairman of Ward Implementation and Management Committee and was carrying out the work of soil filling and pebhar block in the said panchayat and from the perusal of Measurement Book (MB) it appears that petitioner got the said work completed, which was duly verified by the Junior Engineer. Moreover, the petitioner is languishing in judicial custody since 14.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.63759 of 2023(2) dt.12-10-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Charpokhari P.S. Case No. 201 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ara. (Sunil Kumar Panwar, J) Nirajkrs/- U T