Parlok Paswan @ Palok Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65738 of 2022 Arising Out of PS. Case No.-2 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== Parlok Paswan @ Palok Kumar Paswan S/O Late Ramashish Paswan Resident Of Village- Padariya, Maniyari, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Vatsal Verma, Advocate For the Opposite Party :

Mr.Parmeshwar Mehta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offences punishable under Sections 420, 406/409 of the Indian Penal Code.

As per the prosecution case, petitioner, being Ward Adyaksh of Ward No.7 of Gram Panchayat Kukura, Narkatiagnj bloc West Champaran, and other accused persons committed irregularities and used substandard materials in execution of work under the Mukhyamantri Gramin Peyjal Nishchay Yojana and Mukhyamantri Grmin Gali Naali Pakkikaran Nishchay Yojana.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that the petitioner is merely a Ward Adyaksh of the pachayat and funds for execution of work are released upon approval of the Mukhiya of the Gram panchayat. It is also submitted that the instant case has been lodged in haste without making thorough enquiry. From perusal of the measurement book of the Junior Engineer, entire work of the concerned panchayat has already

Patna High Court CR. MISC. No.65738 of 2022(2) dt.17-03-2023 2/2 been done. Similarly situated co-accused Samina Khatun has already been allowed anticipatory bail by a co-ordinate bench of this Court vide orders passed in Cr.Misc.No. 59573/2022. It is stated in paragraph 3 of the bail petition that the petitioner has got clean antecedent.

Learned counsel for the State opposes the prayer for bail submitting that there is specific allegation against the petitioner that he along with other accused persons committed irregularities and used substandard materials in execution of work under the Mukhyamantri Gramin Peyjal Nishchay Yojana and Mukhyamantri Grmin Gali Naali Pakkikaran Nishchay Yojana. Besides this, co-accused Santosh Kumar has been allowed regular bail after remaining in custody for more than six months by a co-ordinate bench of this Court vide order passed in Cr.Misc.No. 63614/2022.

Considering the nature of allegation against the petitioner and the fact that at the relevant time petitioner was Ward Adhyaksh of the concerned panchayat, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T