Baul Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69557 of 2023 Arising Out of PS. Case No.-170 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Baul Ram S/O Prabhans Ram @ Prabhans Paswan R/O Village- Baghipakar, P.S- Ara Town, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kr Sinha No.2 For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-05-2024 1.

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 406, 409 and 420 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that the informant alleges that under Potable Pipe Water Supply Scheme, including tap water household connection, an amount of Rs. 9,00,000/- was transferred in the account of Panchayat Samiti on 5-12-2018 for completing the said scheme in Ward No. 5 at Baghipakar, however, only part of the work was completed as detailed in the FIR as such, the

Patna High Court CR. MISC. No.69557 of 2023(5) dt.08-05-2024 2/3 amount was misappropriated. The learned counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant himself accepts that part of the work was done, but then does not disclose for what amount the work was done and that is for a purpose, i.e., from perusal of Annexure 2, it would manifest that the scheme was for Rs. 14,00,000/- and odd, but only Rs. 9,00,000/- was disbursed in the account of the Panchayat Samiti, as such, the work done was worth Rs. 9,00,000/- only and since the rest of the amount never came in the account of the Panchayat Samiti, as such, some work remained to be completed for which the petitioner cannot be faulted.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Arrah Mufassil

Patna High Court CR. MISC. No.69557 of 2023(5) dt.08-05-2024 3/3 P.S. Case No. 170 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T