Tuntun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72564 of 2023 Arising Out of PS. Case No.-230 Year-2022 Thana- MANSI District- Khagaria ====================================================== Tuntun Singh Son Of Late Somari Singh Resident Of Village - Chakhussani, P.S. - Mansi, District - Khagaria ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Kumar Singh For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 406, 409, 420/34 of the Indian Penal Code.
3. As per allegation in the FIR, petitioner in connivance with ex-secretary and other members of Gram panchayat, Chak Hussaini in the year 2009-2011 purchased total 18 solar lights @ 44,000/- , which was much higher rate than the government prescribed rates and after due inquiry regarding the aforesaid allegation against the petitioner and other coaccused, it was found true.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner
Patna High Court CR. MISC. No.72564 of 2023(2) dt.28-11-2023 2/2 was Mukhiya of Gram Panchayat, Chak Hussain. Petitioner was unaware about the fixed rate and he was not authorized to purchase the solar light. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 1.8.2023 passed in Cr. Misc. No. 46734 of 2023. Petitioner is languishing in judicial custody since 17.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria in connection with Mansi P.S. Case No. 230 of 2022. (Sunil Kumar Panwar, J) sushma/- U