Jitendra Kumar @ Jitendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61014 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- BELA District- Sitamarhi ====================================================== JITENDRA KUMAR @ JITENDRA SAH SON OF LATE AKALU SAH RESIDENT OF VILLAGE- MUJAULIYA BAZAR, PS- BELA, DISTSITAMARHI, BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 406, 409, 420/34 of the Indian Penal Code.
3. As per prosecution case, the allegation against the petitioner along with others is of misappropriating the amount of Rs. 16,00,000/- in ward no. 9 and 10 of Gram Panchayat Raj, Bathuara.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is a Ward Member-cumPresident of Ward No. 9 of Gram Panchayat Raj, Bathuara and
Patna High Court CR. MISC. No.61014 of 2023(2) dt.15-09-2023 2/3 being a Ward Member he has done his duty honestly but due to dirty village politics and in connivance of his enemies the informant has acted wrongly and lodged the present case rasing suspicion against him. A supplementary affidavit has been filed on behalf of the petitioner referring to the statement made in para-5 that the total estimated cost is 19,87,700/- for completing the Nal Jal Yojna of Ward No. 9 and out of the said amount total Rs. 16,00,000/- has been transferred and up till now work has been completed worth of Rs. 15, 24, 869/- as per measurement book and as per report of Prakhand Panchayat Raj Padhadhikari Prihar 78% of work of the estimated cost has been completed. Charge-sheet has already been framed against the petitioner as such there is no chance of being absconding or tampering with the evidence. He is languishing in judicial custody since 10.01.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.61014 of 2023(2) dt.15-09-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Bela P.S. Case No. 145 of 2022.
(Sunil Kumar Panwar, J) arish/- U