Madan Tiwari @ Madan Mohan Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63678 of 2024 Arising Out of PS. Case No.-299 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Madan Tiwari @ Madan Mohan Tiwari Son of Ramachandra Tiwari VillageKashigawan ,P.S.- Rohtas, Dist Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ganga Ram Son of Late Jagnarayan Ram Village and P.O. - Taraon, P.S.- Nasriganj , Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh, Adv.
For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 299 of 2023 registered under Sections 504 and 406 of the Indian Penal Code.
3. As per complaint case, complainant gave cheque of Rs. 12,20,000/- to the petitioner for carrying out the work of Nal Jal Yojana in Ward No. 12, Village- Taraon, but petitioner has not completed the work and embezzled government money.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.63678 of 2024(2) dt.24-09-2024 2/3 submits that petitioner is innocent and has falsely been implicated in the present case due to local politics and personal grudge. Further submission is that petitioner had taken contract of Nal-Jal work for Ward no. 12 of Village Taraon and the contractual amount was Rs. 16,60,000/- but the complainant gave the cheques of only Rs. 12,20,000/- out of them, a cheque of Rs. 3,00,000/- was illegal which has been mentioned in complaint petition, and rest amount i.e. Rs. 4,40,000/- has not been given by complainant. Petitioner has already completed the entire work. As a matter of fact, when petitioner demanded his dues from complainant, then this false and concocted complaint case has been lodged after a delay of about 4 years. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in
Patna High Court CR. MISC. No.63678 of 2024(2) dt.24-09-2024 3/3 connection with Complaint Case No. 299 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T