Ram Bharosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74530 of 2023 Arising Out of PS. Case No.-258 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== Ram Bharosh Singh Son Of Late Ram Lakhan Singh R/O Village- Haranahi, P.S.- Sheohar, Dist.- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Purushottam Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 409, 420 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he being on the post of Panchayat Secretary, Gram Panchayat Mohanpur Block, Piprahi has embezzled govt. money of Rs. 43,62,500/- under the different schemes of the government.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-13 of this petition that when petitioner was transferred from Piprahi to Tariyani, he has handed over the charge to the

Patna High Court CR. MISC. No.74530 of 2023(2) dt.02-12-2023 2/3 new incumbent who fortunately retained the photocopy or attested copy of all the files relating to the various schemes including the present scheme. It appears that when audit was being done of Piprahi block purposely, the then Panchayat Secretary has not placed the aforesaid documents relating to eight schemes as mentioned in the FIR and as neither the measurement book nor the relevant register was made available to the Auditor, and in absence of those documents, it will difficult to inquire about the aforesaid documents.

From para-16 of this petition, the measurement book, passbook and working certificate also show that the petitioner has done the work and the present false case has only been lodged with ulterior motive and in support of this, Annexure-6 series has been attached in this petition with respect to measurement book, passbook and working certificate. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as

Patna High Court CR. MISC. No.74530 of 2023(2) dt.02-12-2023 3/3 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Piprahi P.S. Case No. 258 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sheohar. (Sunil Kumar Panwar, J) Shubham/- U T