Ramdular Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77605 of 2024 Arising Out of PS. Case No.-63 Year-2022 Thana- LADANIA District- Madhubani ====================================================== Ramdular Kamat S /O Sitaram Kamat Resident of Village - Mahtha, Ward No-13, P.S - Ladaniya District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manoj Kumar Pandey, Advocate For the State :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2024 Heard learned counsels for the parties.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 420, 409 and 34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that this petitioner, along with other co-accused persons, misappropriated government money of Rs. 13,00,000/- which was given under the Nal Jal Yojana.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case. It is further submitted that co-accused Ganga Nath had already completed 65-70% work and remaining work was pending worth Rs. 3 lakhs, and he has already been granted bail by a Co-ordinate Bench of this Hon'ble Court vide order dated

Patna High Court CR. MISC. No.77605 of 2024(2) dt.20-12-2024 2/2 09.03.2021 passed in Cr. Misc. No. 40882 of 2020 with a direction that he shall deposit a sum of Rs. 3 lakhs in the learned Court below, which has already been deposited by co-accused Ganga Nath. Petitioner has got no criminal antecedents and he is in custody since 26.08.2024.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, rival submissions, nature of accusation, claim based on parity, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani, in connection with Ladaniya P.S. Case No. 63 of 2022.

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