Ram Swarth Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67470 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== RAM SWARTH PASWAN S/o- KISHORI PASWAN Village- Madhopur PsSimri Dist- darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406 and 409/34 of the Indian Penal Code.

3. The petitioner in association of other co-accused is said to have made irregularities in allocating government funds and/or in execution of the projects being a Panchayat Secretary.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the petitioner was transferred in the year 2017 and the alleged irregularities are after the

Patna High Court CR. MISC. No.67470 of 2023(3) dt.25-01-2024 2/2 period when the petitioner was not posted there. It is further submitted that Similarly situated co-accused, namely, Sumitra Devi has been enlarged on bail by a co-ordinate bench of this court vide order dated 06.02.2023 passed in Cr. Misc. No. 58289 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ghanshyampur P.S. Case No. 141 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T