Patna High CourtCR. MISC./84470/2023disposed

Pachhu Sahni @ Pachchu Sahni v. The State Of Bihar

2024-01-10Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84470 of 2023 Arising Out of PS. Case No.-142 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== Pachhu Sahni @ Pachchu Sahni Son of Mahavir Sahni Resident of VillageKodwara, P.S.-Sahiyara, District- Sitamarhi, the- Ex- Chairman of Ward No. 14 of Gram Panchayat Raj, Sahiyara, Block- Bathnaha, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate Smt. Divya Bharti, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sahiyara P.S. Case No.142/2023, lodged on 15.08.2023 under Sections 406, 409, 420/34 of the Indian Penal Code.

3. It transpires from the FIR that as per the measurement, the work of Rs.9,31,365/- is still pending.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the the assigned work has already been completed, but entry of the said work could not be made in the measurement book, and only due to this reason, the present case has been lodged. He further

Patna High Court CR. MISC. No.84470 of 2023(2) dt.10-01-2024 2/3 submits that the antecedent of the petitioner is clean and he is in custody since 17.08.2023. Learned counsel for the petitioner further submits that the petitioner may be granted provisional bail giving time so that within the said period, he shall satisfy the Court that the work has been completed then only his provisional bail may be confirmed.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail provisionally for six months, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi, in connection with Sahiyara P.S. Case No.142/2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. The provisional bail of the petitioner shall be confirmed by the trial Court on production of completion certificate by the petitioner issued from the competent authority within six months from the date of release. In the event, that the petitioner fails to produce the aforesaid completion certificate, the trial Court shall cancel the provisional bail of the petitioner.

Patna High Court CR. MISC. No.84470 of 2023(2) dt.10-01-2024 3/3

8. Accordingly, the present application stands disposed of.

(Dr. Anshuman, J) Ashwini/- U T