Sakhichand Mahto @Sakhichan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1506 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== Sakhichand Mahto @ Sakhichan Mahto, Son of Khelawan Mahto, resident of Village - Lachhua, P.S.- Bathnaha, Dist.- Sitamarhi,. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Uday Kumar- Advocate For the Opposite Party/s :

Mr. Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 188, 406, 409, 420, 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 12.09.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner submits that the informant alleges that Ramashish Mahto, being President of Work Management Samiti, used material of inferior quality for completing the work of Nal-Jal Yojna on account of which, water tank was damaged and the accused siphoned of the

Patna High Court CR. MISC. No.1506 of 2022(2) dt.24-05-2022 2/3 government money allotted for the work.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He is Member of the Management Samiti and the allegation is more political in nature. It is submitted that it has been specifically pleaded at Para-10 of the bail application that after the work was completed, measurement was done by the authorities concerned and the same was recorded in the measurement book and thereafter, the payment was made.

It is next submitted that if the work would not have been done, then the authorities would not have made the payment and the present F.I.R. has not been instituted by any authority, but by the Panchayat Secretary.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and taking into consideration the submission made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in

Patna High Court CR. MISC. No.1506 of 2022(2) dt.24-05-2022 3/3 connection with Bathnaha P. S. Case No.41 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T