Ranjeet Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74370 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Ranjeet Manjhi son of Parikshan Manjhi R/o village- Runnisaidpur, Ward no. 04, P.S.- Runnisaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-02-2024 Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Runnisaidpur P.S. Case No. 36 of 2023, F.I.R. dated 19.01.2023 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused person have misappropriated the government money to the tune of Rs. 79,990/- by not performing the work under the Government Scheme i.e. PCC road and drain in Ward No. 4.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that as per

Patna High Court CR. MISC. No.74370 of 2023(3) dt.29-02-2024 2/3 allegation in the F.I.R. the petitioner and other co-accused person namely Lal Babu Manjhi have not returned Rs. 79,990/- which was credited for the scheme in question in favour of the petitioner and other co-accused person. Learned counsel for the petitioner submits that the petitioner has returned the half amount of Rs. 79,990/- in favour of the Panchayat Secretary of the Runnisaidpur Uttari Panchayat.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 36 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) The petitioner is directed to produce the demand draft of Rs. 39,950/- of his share amount in favour of the Panchayat Secretary of the Runnisaidpur Uttari Panchayat at the

Patna High Court CR. MISC. No.74370 of 2023(3) dt.29-02-2024 3/3 time of furnishing bail bond and the learned Court below is directed to hand over the said demand draft to the office of the Informant.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(3) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(4) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Ibrar//- (Rajesh Kumar Verma, J) U T