Raj Kishore Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70118 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- PURAINI District- Madhepura ====================================================== Raj Kishore Paswan S/O Sri Dhaneshwar Paswan Resident of village- Paswan Tola, Kursandi, P.S.- Puraini, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramdev Singh, Advocate Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Puraini P.S. Case No. 33 of 2021 registered for the offences punishable under Sections 409, 406 and 420 of the Indian Penal Code. As per the prosecution, the informant alleged that this petitioner has misappropriated the amount sanctioned under scholarship scheme of Government.

The main submissions advanced by learned counsel for petitioner are that the FIR of the instant matter was lodged on

Patna High Court CR. MISC. No.70118 of 2022(2) dt.13-03-2023 2/2 the basis of a question raised in Legislative Assembly and thereafter preliminary enquiry was conducted in which it was concluded by Block Education Officer that the petitioner did not embezzle any Government fund and only violated departmental direction with regard to distribution of the school dresses and the said report has been filed alongwith this Cr. Misc. petition and during that enquiry the statements of the concerned students were also recorded and the petitioner has fair and clean antecedent and has been languishing in jail since 25.05.2022 and against him the investigation has been completed.

Considering the aforesaid facts and mainly petitioner's fair and clean antecedent and his custody period and also the stage of his case, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Puraini P.S. Case No. 33 of 2021.

(Shailendra Singh, J) Shahnawaz/- U T