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Patna High CourtCR. MISC./62089/2023allowed

Ram Kishore Prasad Singh @ Ram Kishore Prasad Sinha v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62089 of 2023 Arising Out of PS. Case No.-181 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Ram Kishore Prasad Singh @ Ram Kishore Prasad Sinha Son Of Late Devendra Singh Resident Of Village - Tarari, P.S. - Daudnagar, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Prabhakar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 406, 407, 408, 409, 420, 34 of the Indian Penal Code. As per prosecution case, the allegation against the petitioner is that he in connivance with co-accused misappropriated the Government money being chairman of ward Functional and Management Committee.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is 60 years old person and he has falsely been

Patna High Court CR. MISC. No.62089 of 2023(2) dt.15-09-2023 2/3 implicated in this case due to enmity and political rivalry at the instance of sitting Mukhiya. He has got no criminal antecedent. His name has been dragged in this case mainly due to casual and superficial inquiry report given by monitoring team. During investigation, no any independent witness has come to support the prosecution case. The petitioner is elected ward member and his role is only to accept the proposal of schemes and the actual duty of work is of ward secretary who is a paid government employee. Similarly situated other accused person has already been enlarged on bail by this Bench vide order dated 30.08.2023 passed in Cr. Misc. No.55494 of 2023. The petitioner is languishing in judicial custody since 26.08.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Daudnagar P.S. Case No. 181of 2021 on furnishing bail

Patna High Court CR. MISC. No.62089 of 2023(2) dt.15-09-2023 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar, Aurangabad.

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