Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74650 of 2022 Arising Out of PS. Case No.-37 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== CHANDAN SINGH Son of Late Vikram Singh R/V- Shyampur, P.S- Bairiya, Dist- West champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.H.A. Khan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 409, 420 of the Indian Penal Code.

As per the prosecution case, the petitioner being contractor and other accused persons committed irregularity in maintenance of records of Mukhya Mantri Gramin Peyjal Yojna and Mukhya Mantri Gramin Gali-Nali Paccikaran Nishchay Yojana. The ward Kriyanawan and Prabandh Samiti had to do the work of the above scheme by itself but the Samiti has got it done through a contractor which is prohibited. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No

Patna High Court CR. MISC. No.74650 of 2022(2) dt.28-03-2023 2/3 such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner being just contractor cannot be held responsible, since the records are kept and maintained by the Ward Enforcement and Management Committee. He further submits that petitioner can at best be held responsible for using sub-standard material, but that too is supplied by the Committee. He further submits that all the work has been completed by the petitioner. Similarly situated co-accused, namely, Munna Kumar and Madhubala Tiwari have been enlarged on bail by a co-ordinate bench of this court vide order dated 22.02.2023 and 22.08.

2022, respectively passed in Cr. Misc. No. 42653 of 2022 and Cr. Misc. No. 28014 of 2021, respectively. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Patna High Court CR. MISC. No.74650 of 2022(2) dt.28-03-2023 3/3 weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bairiya P.S. Case No. 37 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T