Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65440 of 2022 Arising Out of PS. Case No.-69 Year-2020 Thana- GURARU District- Gaya ====================================================== Gautam Kumar S/O Late Uma Shankar Singh R/V- Tilori, P.S.- Guraru, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Dhirendra Pratap Singh For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Guraru P.S. Case No. 69 of 2020 registered under sections 409 and 420 of the Indian Penal Code.
As per prosecution case, co-accused, namely, Satendra Singh being ward member, embezzled the amount of Nal Jal Yojna of Government. Though Rs. 9,20,000/- was withdrawn for the work of the scheme, but work of an amount of Rs. 5,86,164/- only was done towards the completion of this scheme. It is further alleged that petitioner was also involved in this case.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.65440 of 2022(2) dt.25-02-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name transpired in this case during investigation. It is further submitted from para-7of this petition that petitioner has not misappropriated any government fund rather he has done his job with full honesty and integrity and the Nal-Jal Yojna work has been completed under the supervision of the petitioner without any complaint which is mentioned in para-11 of this petition and the photographs of said Yojna is being annexed with this petition as Annexure-4. The F.I.R. named accused Satendra Siingh who was responsible for non completion of work within time and he has already been granted bail by the different Bench of this Court vide order dated 12.10.2022 in Cr. Misc. No. 70987 of 2021. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 06.07.2022.
The application for bail is vehemently opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The
Patna High Court CR. MISC. No.65440 of 2022(2) dt.25-02-2023 3/3 above named petitioner is directed to be enlarged on bail in connection with Guraru P.S. Case No. 69 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya.
(Sunil Kumar Panwar, J) shubham/- U T