Amarjeet Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72898 of 2024 Arising Out of PS. Case No.-494 Year-2022 Thana- HARNAUT District- Nalanda ====================================================== Amarjeet Ravidas Son of Late Kush Ravidas R/O Vill.- Kharthua, P.S.- Harnaut, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sati Ranjan Jamaiyar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Harnaut (Gokhulpur O.P.) P.S. Case No. 494 of 2022 dated 05.09.2022 registered for the offences punishable under Sections 406, 409, 420 and 120B of the I.P.C.

3. As per the prosecution case, 'Ward Kriyanwayan and Management Committee's Bank A/C bearing No. 6747000100088395, P.N.B. Harnaut, under the scheme of 'Mukhyamantri Saat Nischyay Yojna' under 'Nal Jal Yojna' was operating with the joint signature of Kamlesh Manjhi, who is the Ward Member and the petitioner Amarjeet Ravidas, who is the Ward Secretary of Gram Panchayat-Basniyawan, Ward No.

Patna High Court CR. MISC. No.72898 of 2024(2) dt.13-12-2024 2/3

5. It is further submitted that Rs. 32,40,000/- was made available in the aforesaid bank account by Gram PanchayatBasnihawa for implementation of the same scheme so that the work of 'Nal-Jal' and 'Gali-Nali' was to be done but according to the measurement book of the said Gram Panchayat, the only work of Rs. 23,92,049/- has been done and remaining amount of Rs. 8,47,951/- has been misappropriated by the Ward Member and the petitioner Amarjeet Ravidas (Ward Secretary).

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the charge sheet has been submitted in the present case. It is further submitted that no government money was allotted in the Bank A/C No. 6747000100088395 which was operated by the Ward Secretary, hence, there is no question arises that the petitioner has misappropriated the government money. The petitioner was not at all aware about withdrawal of money as the said account has been operated by the Panchayat Secretary. It is further submitted that the work of the said scheme was done but due to some dispute between the Panchayat Secretary and the Junior Engineer, measurement book has not been completed and wrong information has been given. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.72898 of 2024(2) dt.13-12-2024 3/3 opposed the anticipatory bail petition of the petitioner. It is further submitted by the learned A.P.P. for the State by filing a counter affidavit that during investigation, the case was found true against the petitioner on the basis of the oral testimony of the witnesses including the concerned Junior Engineer as well as the documentary evidences, which indicated that an amount of Rs. 8,47,951/- has been misappropriated by the the coaccused and the petitioner Amarjeet Ravidas (Ward Secretary).

6. Considering the aforesaid facts and circumstances of the case, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below may consider the prayer for regular bail of the petitioner in accordance with law and on its own merits without being prejudiced by this order.

7. The application stands disposed of.

(Chandra Prakash Singh, J) guddukr/- U T