Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 79672 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== SANJAY KUMAR S/o- Bigu Das Resident of Village- Bishambharpur, P.S.- Tariyani Chhapra District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Tiwary For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 20.07.2019 in connection with Tariyani Chhapra P.S. Case No. 19 of 2019 registered for the offence punishable under Sections 406/409/ 420/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that only because the petitioner Sanjay Kumar is alleged to have not completed the work prescribed under the "Nal Jal Yojana" despite orders from Senior Officers, it been presumed that he has misappropriated government money after withdrawing the same and on the said basis, the petitioner has been taken into custody. It is further submitted that the said prosecution has been started on the basis of instigation of the deponent of Ward

Patna High Court CR. MISC. No. 79672 of 2019(3) dt.10-12-2019 2/2 No. 7 who were out to take illegal gratification for conducting the work. It is further submitted that under the provisions and instructions of the government, the Ward Member is wholly responsible for doing the work and the role of Secretary is only to sign cheques along with the sign of the Ward Member. It is further submitted that the Ward Member of Ward No. 7, Rupkanti Devi, has since been extended the privilege of bail in Cr. Misc. No. 53090 of 2019 vide order dated 26.08.2019. It is further submitted that vide Annexure -2 Series, it has come on record that the work could not be concluded on account of land dispute. Furthermore, it has come that the work of part-A of the ' Nal Jal Yojana' has been completed.

Considering the aforementioned facts and circumstances, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheohar, in connection with Tariyani Chhapra P.S. Case No. 19 of 2019. (Anjana Mishra, J) Saif/- U T