Raghumal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60211 of 2023 Arising Out of PS. Case No.-78 Year-2022 Thana- SATHI District- West Champaran ====================================================== RAGHUMAL SHARMA son of Mohan Thakur Village- Bahuarwa Ps- Sathi Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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, 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with others are alleged to have indulged in defalcation of amount which was withdrawn for work of Nal Jal Scheme in Ward No.7 of the Bahuarwa Gram Panchayat. It is alleged that the work has not been completed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was then Ward secretary and he has falsely been implicated in this case. It is also submitted vide para 10, 11, 12

Patna High Court CR. MISC. No.60211 of 2023(2) dt.12-09-2023 2/3 & 13 of the petition that there is general allegation of committing financial irregularities against the petitioner. After inquiry, the Land Disputed Deputy Collector, Bettiah at West Champaran submitted a report to D.M. Bettiah, stated therein that the work of Nal Jal Yojna of Ward No.4 & 7 has been found completed which has come in the physical verification. It is also submitted that the only allegation against the petitioner is that the money withdrawn for the Nal Jal Yojana Scheme is against the rule whether, it has not been alleged that any income amount has been withdrawn by the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 14.5.2023.

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 Sathi P.S. Case No. 78 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.60211 of 2023(2) dt.12-09-2023 3/3 learned Court of Additional Chief Judicial Magistrate 2nd, Bettiah at West Champaran.

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