Kumari Sangita Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Kumari Sangita Rai, W/o Dashrath Rai, Resident of Village- Near Gayatri Mandir Ward No 12, P.S.- Bakhari, District Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 Heard learned counsels for the petitioner and the State.
Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406 and 409 of the Indian Penal Code.
It is alleged that excess payments were made to the suppliers in the purchase of Eicher Model Tractor - 242, Hydraulic Trailer, Succession Machine and Fogging Machine. It is further alleged that irregularities were also committed in the purchase of four Cylinder Power Tractor (J.C.B. Set), Dust Bin, Dust Bin with metal frame, CCTV Camera, Construction of Welcome Gate, Installation of Street Light and High Mast Light, installation of LED Street Light with Pole, LED High Mast Light and several development schemes under Ward No. 6. Learned counsel appearing for the petitioner submits that petitioner was Chairperson of the Bakhri Nagar Panchayat
Patna High Court CR. MISC. No.17 of 2023(2) dt.08-05-2023 2/2 from September, 2012 to September, 2014. He next submits that the entire resolution was passed by the Nagar Parishad, Board collectively and not alone by the petitioner and as such, she alone cannot be held responsible for the same. The entire purchase was made on the decision taken by the Purchase Committee and Empowered Standing Committee and thereafter, payments were made by the Executive Officer. It is further submitted that similarly situated co-accused persons have already been granted bail by this Hon'ble Court vide order dated 18.04.2023 passed in Cr. Misc. No. 8184 of 2023. Petitioner has got clean antecedent.
Considering the aforesaid facts and circumstances, let the above named petitioner in the event of her arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Bakhri P. S. Case No. 165 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T