Patna High CourtCR. MISC./71654/2022bail granted

Madan Paswan v. The State Of Bihar

2023-03-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71654 of 2022 Arising Out of PS. Case No.-301 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== MADAN PASWAN S/o Late Ramsharan Paswan R/v- Chordargah, P.S.- Ariyari, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C.Verma,Sr.Adv.

Mrs. Kumari Anupam,Adv For the Opposite Party/s :

Mr.Choubey Jawahar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 419, 420, 406/34 of the Indian Penal Code.

The F.I.R. has been lodged against ex-Mukhiya and Panchayat Secretary of the said Gram Panchayat for embezzlement of Rs.15,98,500/- for not completing the work, as the said amount was withdrawn for boring under PHED. It is submitted on behalf of petitioner that as per F.I.R., it is apparent that this petitioner, who was at the relevant time posted as Panchayat Secretary, withdrawn Rs. 15,98,500/- in the year. It is further submitted that out of total amount, petitioner has only withdrawn Rs. 3,30 lakh and rest amount i.e.

Patna High Court CR. MISC. No.71654 of 2022(2) dt.23-03-2023 2/2 Rs. 12,68,500/- was already withdrawn before the joining of petitioner, but since the work was not completed, the petitioner has already deposited the money on 21.05.2022 prior to lodging of F.I.R. Petitioner claims clean antecedent. Considering the fact that petitioner has already deposited the alleged money coupled with the fact that petitioner has got clean antecedent, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura in connection with Sheikhpura P.S. Case No. 301 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T