Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64737 of 2025 Arising Out of PS. Case No.-520 Year-2023 Thana- PALIGANJ District- Patna ====================================================== Sanjay Kumar S/o Late Sahjanand @ Late Sahajanand @ Late Sahajanand Singh Resident of village- Indra Nagar, P.S.- Paliganj, Dist- Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Paliganj Town P.S. Case No. 520 of 2023 dated 05.10.2023 registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons in connivance with one another are alleged to have misappropriated public money which was allocated for Nal Jal Yojna to the tune of Rs. 17,40,588/-.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.64737 of 2025(2) dt.13-10-2025 2/3 this case. There is a delay of 17 days in lodging the FIR, despite the written complaint of Panchayat Sachiv, Gram Panchayat, Balipakar, Amarpura to the S.H.O. Paliganj. It is further submitted that the scheme relates to the financial year 2020-21 and the said work has already been completed. The petitioner is the ward Secretary of the committee of Gram Panchayat Balipakar Amarpura (Gharhara) Ward No.2 but the entire work and affairs of the Gram Panchayat including Mukhyamantri Gramin Payjal Nischay Yojna was monitored by the Adhyaksha.
Learned counsel has further submitted that the payment relating to the Mukhyamantri Gramin Payjal Nischay Yojna was made to one Sunita Power Solution for execution of Yojna and the entire proceeding is with the Adhyaksha and there is no evidence to connect the petitioner with the offence of defalcation or misappropriation in any matter. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.05.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the bail petition of the co-accused, Nitu Devi was disposed of by the
Patna High Court CR. MISC. No.64737 of 2025(2) dt.13-10-2025 3/3 Co-ordinate Bench of this Court vide order dated 11.08.2025 passed in Cr. Misc. No. 50511 of 2025.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur in connection with Paliganj Town P.S. Case No. 520 of 2023, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T