Shyam Sundar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76507 of 2023 Arising Out of PS. Case No.-78 Year-2021 Thana- RAGHOPUR District- Supaul ====================================================== Shyam Sundar Yadav Son Of Late Kamal Yadav, Resident Of Village -Dumari, Ward No 12, Achalpur, PS- Raghopur, District -Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhare Bipin Bihari, Advocate Ms. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending his arrest in a case in connection with Raghopur P.S. Case No. 78 of 2021 dated 27.03.2021, registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. 3.

As per the prosecution case, a meeting regarding implementation and Management Committee related to Chief Minister Rural Gali-Nali Pakkikaran Yojana in Raghopur Block under the chairmanship of District Panchayat Raj Officer, Supaul was held in which the information regarding total 33 schemes was given by the Chairman and Secretary of all the Ward Implementation and Management Committee. It is further alleged that the District Panchayat Raj Officer has directed all the president and secretary of all the wards to submit all the

Patna High Court CR. MISC. No.76507 of 2023(2) dt.18-12-2023 2/3 records and documents related to the Scheme to Block Nazarat within a week, but the records of only nine schemes were produced in Block Nazarat. It is further alleged that as per the letter no. 232-2/ dated 20.02.2021 of the DM, Supaul, it was directed that keeping the record of the Scheme with the concerned ward members and not presenting it to the inspecting team is a serious matter and further verification of the said work done by them was not possible without the records. 4.

Learned counsel for the petitioner has submitted that petitioner is quite innocent and falsely been implicated in the present case. It is further submitted that as per annexure-2, pg. 34, work has already been completed. It is also submitted that similarly situated co-accused persons, namely Rita Devi and Anita Devi have been granted anticipatory bail vide order dated 10.11.2023 passed in Cr. Misc. No. 73155 of 2023. It is further submitted that the petitioner has fair and clean antecedent.

5.

Learned APP for the State has vehemently opposed the bail petition of the petitioner.

6.

Considering the aforesaid facts and circumstances as well as the nature of allegation against the petitioner, let the petitioner named-above, in the event of his arrest / surrender within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Birpur, in connection with Raghopur P.S. Case No. 78 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.76507 of 2023(2) dt.18-12-2023 3/3 7.

This application stands allowed.

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